This area of law can be divided into two main categories; relationship breakdown and custody of children. Relationship breakdown can be remedied through separation, divorce or, in exceptional circumstances, nullity. Custody disputes can arise as a result of the aforementioned or regarding guardianship or adoption.
Separation involves a legally binding agreement negotiated between two spouses governing their rights and duties to each other and their children. Separation can also be granted by the Court where an agreement cannot be reached.
Divorce formally brings a marriage to an end. A number of preconditions must be satisfied before a decree of divorce may be granted. These are as follows:
The spouses must have been living apart for a period of four out of the previous five years.
There must be no reasonable prospect of reconciliation between the parties.
Both spouses and children if any must be adequately and sufficiently provided for.
In Irish Law divorce is not designed to be a simple and straightforward process and therefore it is imperative that each party has a competent and skilled Solicitor to guide them through the process.
As noted, this may only be granted in exceptional circumstances. It must be granted by the court and there must be a fundamental flaw or defect in the actual marriage such as lack of consent or capacity.
These disputes most frequently arise between couples married and unmarried who have children and separate. Whereas one parent can only be granted custody the other will usually be granted rights of access. In the process of custody as well as those of guardianship or adoption, the rights of the child are paramount.
Family Law is a complex area legally and it inevitably is difficult for the parties involved. At EC Murray and Co we understand the sensitive nature of the issues at hand and endeavour to resolve disputes in a calm, sympathetic and professional manner. Our aim is to make the process as simple and straightforward as possible for our clients while striving at all times to obtain the best result for them.