Family Law | Mangan O'Beirne Solicitors

By: Mangan O'beirne  05/12/2011

Divorce

  • Mangan O’Beirne offer a cost effective, confidential and expert legal advice to assist our clients during their divorce.
  • A Decree of Divorce can only be granted by a Court. The terms however can be agreed by negotiation or mediation which is generally less intrusive and expensive for clients. If terms cannot be agreed we will instruct a family law barrister to fight your case in Court.
  • If one is separated, the Court can, reverse any clause of a previous separation agreement (if any) especially if the circumstances have significantly changed.
  • Strong advice and legal representation are needed to protect property, pension rights, inheritance rights, maintenance, lump sum payments, custody/access to children and occupation/sale of the family home.

Separation

  • Formal separation can be achieved without the need for Court proceedings.
  • Accurate drafting of a Separation Agreement is essential to protect rights and ensure enforcement of the agreement in the future.
  • If no agreement is reached then it is necessary to go to Court and obtain a judicial separation, on terms decided by the Judge. Often, after proceedings are issued and before the Court hearing, terms may be agreed following negotiations which in turn are ruled and made an order of the Court.
  • Pensions cannot properly be dealt with via Separation Agreement without the consent of the Trustees of a Pension Fund and a separate Court application may therefore be necessary.

Nullity

  • A decree of nullity from the Court means in the eyes of the State, the couple were never formally married. The couple are free to marry again. Neither can claim maintenance or inheritance.
  • The decree does not affect the rights of any children.

Contact – Tony O’Beirne, Alan Wallace or Briony Cochrane.


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