OUR TEAM PRACTISES IN ALL AREAS OF LAW, INCLUDING:
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Separation
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Divorce
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Nullity
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Maintenance
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Custody/Access
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Non-marital relationships
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Co-habitation issues
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Recognition of foreign divorces
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Succession Rights
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Pre-marriage advice
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Pension issues
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Adoption
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Hague Convention matters
OUR SERVICE
Mark Killilea specialises in family law. This is an area of law that is managed with the right care by our team. When a marriage/relationship breaks down it is the most stressful time any person can experience. Mark Killilea recognises the importance of providing a personalised service. Due to this, our expert Mark is contactable by mobile at any time to answer your queries.
Mark Killilea will take your hand and lead you through all loops and holes, all the confusion and all the mistakes you may make if you didn’t have a solicitor.
Family Law in Ireland has seen very significant changes in recent times, in particular as a result of the changing fabric of our society. This brings increasing complexity to the practice of family law on a daily basis, although the issues of critical importance to our clients remain the same.
LOOKING TO DISCUSS YOUR CASE?
YOUR OPTIONS: WHEN THINGS AREN'T GOING AS PLANNED.
When a marriage first breaks up, many couples informally separate and live apart. Marital breakdown affects all areas of a person' s life, and most people go on to regulate matters between them in a legal context.
Your options include Separation Agreement, Judical Separation or Divorce.
A separation agreement is reached through agreement between the parties, whereas a court grants a judicial separation or a divorce. Of these, only a decree of divorce dissolves the marriage and allows each party to remarry.
SEPARATION AGREEMENT
A separation agreement is reached through agreement between the parties. The agreement is a legally binding contract setting out each party's rights and obligations to the other. The terms of the agreement are usually reached either through mediation or negotiation through solicitors.
If agreement can be reached reasonably quickly between the parties and a separation agreement drawn up, it is cheaper and less stressful than taking a court case. Many couples formalise their separation in this way.
JUDICIAL SEPARATION
When a couple cannot agree the terms by which they will live separately, an application to the courts for a decree of judicial separation can be made by either party.
An application for a judicial separation is made either in the Circuit Court or the High Court. As in all family law matters, cases are heard in private and the public is not admitted to the courtroom.
DIVORCE
A decree of divorce allows both parties to a marriage to remarry. If a court is satisfied that the required conditions are met, the court will grant the decree of divorce dissolving the marriage.
When the court grants the decree of divorce, the court may also make orders in relation to:
Custody of children and access to them, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights and other matters.
Many couples seek to obtain a separation agreement or judicial separation to regulate matters between them before applying for a divorce.
WHAT ABOUT OUR CHILDREN?
YOUR OPTIONS: CHILDREN IN A DIVORCE/SEPARATION
When going through a divorce/separation, it is most important to put the interests of the children first.
CUSTODY
Custody refers to the care, residency and upbringing of the children who are regarded as dependant. Dependant children are children who are aged under the age of 18. Generally, one parent is granted custody of the children and the other parent is granted access to the children at agreed times which can include overnight access.
It is possible for parents to continue to have joint custody of their children after separation or divorce and for the children to spend an equal amount of time with each parent if the parents can agree and arrange this.
ACCESS
This refers to the right of the child to maintain direct contact with the parent of which the child does not reside with. This includes the child staying overnight, at weekends or holidays.
In the event that agreement cannot be reached, either parent may make an application to the court to decide which parent will have custody of the child and what access the non-custodial parent will have.
FOR PARENTS CONSIDERING A DIVORCE
Attached is a great article for parents going through or considering a divorce, in relation to managing custody/access. Click here
