Family Law

We understand that the breakdown of a marriage can be a difficult and painful experience.  The emotional and financial pressures are often acute, particularly in the case of longer lasting marriages.  The parties can often find it difficult to see a clear way ahead – particularly where young children, property and financial arrangements are concerned.  Having clear, objective and practical legal advice from specialist family lawyers makes all the difference.

We have acquired a particular expertise in representing clients in Divorces and separations with cross border dimensions involving trusts, complex corporate structures and high value assets spread across several jurisdictions.  We also advise on complex examinership, receivership and insolvency situations. We have also been a member of the Family Lawyers Association  since 1986. Our solicitors are trained family mediators and collaborative lawyers and can offer collaborative law as an alternative to an adversarial process, if the parties are agreeable.

At Amorys, we provide a clear and practical legal service to our Family Law clients and are committed to excellence in client service. We treat our clients and their unique situations with the combination of the sensitivity and pragmatism they need to achieve an acceptable outcome.

Our Family Law services include:-

  • Contested Divorce and Judicial Separation proceedings
  • Representation in negotiation and Separation agreements
  • Maintenance applications on behalf of Spouse and/or children
  • Access, custody and Guardianship
  • Advice on domestic violence
  • Cohabitation Agreements
  • Applications under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
  • Adoption
  • Legal issues arising in relation to the dissolution of a Civil Partnership
  • Prenuptial Agreements and estate planning

If you are considering divorce or separating from your partner or spouse contact one or our experienced solicitors on 01 213 59 40.

Divorce and Judicial Separation

Marital or relationship break up is always stressful and can often be a very delicate issue for the client involved. All matters in this area are handled extremely sensitively and confidentially. No two cases are ever the same in Family Law and at Amorys we recognise the individuality of each client and their needs.

With the changing character of the Irish population, this has led to a development of our expertise in international Family Law and the complex consequences of EU law on marital breakdown and divorce.

The firm’s expertise in commercial and company law and in commercial property has also been of considerable benefit due to the increasingly complex commercial issues which often arise in divorce or legal separation litigation where substantial assets are involved. Not all firms are in a position to offer what in effect amounts to a “one stop shop” involving the breadth of experience we have to offer at Amorys. This is particularly important in the so called “ample resources” cases involving high net worth individuals with very substantial assets. Our wealth of experience across the range of services we have to offer has led to our involvement in a number of very substantial cases to date, some of which are now reported in the published Law Reports. In many family law cases, very difficult issues can arise in regard to the business interests of one spouse, family businesses, partnerships, trusts and pensions, all of which require a skilled approach to client advice, negotiation with the other side and in the management and conduct of litigation.

In Family Law, litigation is always a last resort and we at Amorys do everything possible on behalf of a client to avoid the unnecessary commencement of litigation. Our expertise therefore includes negotiating settlements and encouraging alternative methods of dispute resolution where possible so as to avoid the additional stressful impact of litigation on family relationships and financial resources.

Following the introduction of the Family Law (Divorce) Act 1996 which came into operation on 27th February 1997, Amorys were proud to introduce a publication “Divorce – A Practical Guide to Divorce in Ireland ”.

You can obtain your own free copy of this publication by contacting us.

Co-Habitation/Non Marital Relationship/Civil Partnership

In the Ireland of today there are an increasing number of non-marital relationships whereby couples are living together as families but are not legally married. Common law marriages are not recognised in Ireland. Unmarried couples who are co-habiting cannot therefore use the laws available to married couples to assist them when their relationship breaks down. Difficulties can then arise in relation to property rights, maintenance and Succession Act rights.  These issues have been addressed to some extent by the enactment of The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.  The provision of legal advice to such clients is a regular feature of our practice.

Nullity

Nullity of marriage is a declaration by a court that a marriage is null and void and that no valid marriage ever existed. A decree of nullity can only be made by a court. Before the availability of divorce in Ireland nullity was a popular option.

Whilst both the High Court and Circuit Court continue to have jurisdiction to hear applications for Decrees of Nullity this process is not availed of as frequently as it was before the introduction of divorce. Nevertheless, it remains as an important consideration for parties seeking advice on the ending of a marriage as the fiscal consequences of a Decree of Nullity stand in marked contrast to those of a Decree of Divorce. Sound advice from an experienced lawyer is essential.

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