Family Law:
Members of our staff, including Letitia Grace and Tiah McDonnell have successfully completed and achieved a Diploma in Family Law, accredited by the Law Society of Ireland, further strengthening our firm’s expertise in this critical area.
We offer a highly experienced and compassionate Family Law service covering all personal and legal aspects of relationship changes, focusing on jurisdictions across the Republic of Ireland and Northern Ireland.
Our core services include:
- Marital Breakdown: Expert advice and representation in applications for Judicial Separation, Divorce, and Nullity.
- Relationship Rights: Defining the rights, obligations, and legal protections available to Civil Partners and Cohabitees (unmarried couples) in both jurisdictions.
Family law cases often involve significant financial complexity. We provide a holistic service that integrates specialist commercial and tax advice to ensure the proper, fair, and tax-efficient resolution of financial matters:
- Asset Distribution & Preservation: We apply our corporate and property experience to secure the proper distribution or preservation of assets, including businesses, properties, and pension funds.
- Tax Efficiency: We advise on the best tax-efficient structure for dividing or transferring assets following a separation or divorce.
- Forensic Investigation: Where necessary, we secure the assistance of independent forensic accountants to conduct a thorough examination of your partner’s assets, ensuring full disclosure and protecting your financial interests.
FREQUENTLY ASKED QUESTIONS
- What is the difference between Judicial Separation and Divorce in the Republic of Ireland? A Judicial Separation is a court order that legally separates a married couple, allows for formal resolution of financial and child custody matters, but does not legally end the marriage. Neither party can remarry. Divorce legally dissolves the marriage, allowing both parties to remarry. In the Republic of Ireland, you must generally be separated for two out of the previous three years before applying for a divorce or it may be based on other grounds.
- Are the grounds for Divorce different in Northern Ireland (NI) and the Republic of Ireland (ROI)? In ROI, the grounds are primarily based on the minimum period of separation (two out of three years). In NI, the sole ground for divorce is the irretrievable breakdown of the marriage, proven by one of several facts, such as adultery, unreasonable behaviour, or two years’ separation with consent.
- What is Nullity? A Nullity is a court declaration that the marriage was never legally valid in the first place. This is only granted under very specific circumstances, such as lack of capacity to consent to the marriage, duress, or failure to comply with essential marriage formalities.
- Does all property have to be sold during a divorce?
No. The court’s goal is to make proper provision for both spouses and dependent children. This often means deciding who retains the family home, whether a charge is placed on the home, or whether one party buys out the other’s interest. Selling the home is only one option and is often avoided if there are dependent children.
- How is the division of assets handled for Civil Partners and Cohabitees?
Civil Partners (ROI): Civil Partners have largely the same rights regarding property and financial relief as married couples upon dissolution.
Cohabitees (Unmarried Couples – ROI/NI): Unmarried couples do not have the same automatic rights to division of assets as married couples or civil partners. In the ROI, a qualified cohabitant can seek financial provision under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 if certain criteria are met (the Redress Scheme). In NI, financial claims are typically limited to property claims under trust law.
- When is a forensic accountant necessary? A forensic accountant is typically needed in cases involving:
One spouse owning or controlling complex corporate or business structures.
Suspicions that a spouse is attempting to hide or devalue assets.
Disputes over the true value of business interests, shares, or complicated investment portfolios.
- What is meant by the ‘preservation’ of assets?
In legal terms, asset preservation refers to the legal steps we take at the beginning of a case to prevent a spouse from selling, transferring, or dissipating assets before a final agreement on distribution is reached.
