Collaboration 

Collaborative Law is an alternative method of resolution of family disputes.

Separation

Separation is where a husband and wife or a couple decide they cannot live together anymore and wish to draw up an agreement /obtain a court order to reflect their situation. People can separate in a range of ways such as by collaboration, mediated agreement, contract negotiated between solicitors, or court order. In a Judicial Separation, (i.e. application to court) the relevant courts are the Circuit Court or High Court.

Divorce

Divorce is only granted by court order when parties have been apart for four years and only concerns married couples. It is only after the granting of a decree of Divorce that a person is entitled to re-marry. A Divorce has to be granted by the Circuit Court or High Court. While the decree has to be given by a Judge, the issues in the Divorce such as child custody and access, financial support, property etc. can be resolved between the parties by any of the methods described above for Separation.

Custody and Access

Custody and Access applications are made when a couple cannot agree on what is best for their children between themselves. Custody is granted to the parents jointly or solely and it concerns where the child primarily lives and who has day to day care and control of the child or children. Access to parents frequently causes disputes as do matters of Guardianship. These applications can be taken in the District Court as independent applications or in the Circuit or the High Court. Such applications can also be made as part of an overall case for Separation or Divorce.

Maintenance

Maintenance can be applied for on behalf of a child or a spouse or both. Such application can be made independently if that is the only issue between the couple or as part of a Separation or Divorce. Such application can be made in the District Court or can be taken in the Circuit or the High Court.

Adoption

Adoption concerns the rights of couples or individuals to adopt children either in Ireland or abroad and issues that arise on that journey. A couple might consult a Solicitor to understand their rights or because they have been refused a declaration.

Domestic Violence

A Barring Order or a Safety Order is applied for if there is violence or mental cruelty in a relationship. This application can be made in the District Court or as part of a Separation or Divorce.