Family law is a speciality of Denise Kelleher & Associates Solicitors.
We understand the need for tact, kindness and delicacy when handling family law cases, particularly when children are involved. Relationship breakdown is an upsetting and traumatic event. We believe in a sensitive, practical approach to managing the process to ensure there is minimal emotional effect.
Under the Family Law (Divorce) Act 1996, the Court will grant a divorce to a couple where they are satisfied that the couple has lived apart for period or periods amounting to four out of the previous five years and if there is no reasonable prospect of reconciliation between the pair. Having granted the divorce, the Court will make the provisions it deems suitable for each person and their dependents. At Denise Kelleher & Associates Solicitors, we will advocate on your behalf to ensure that you achieve the best possible outcome from the divorce.
The best interests of children are the primary concern in any divorce case, and we will advocate passionately protecting them. We provide full guidance through the guardianship, custody and access process, advocating for you and your children.
We can also assist with mediation, separation, judicial separation, nullity, maintenance claims and all other areas of family law. We approach every case with compassion and hard work so that your family life can get back to normal as soon as possible.
We provide professional and reliable legal support in all matters relating to family law. Contact us to schedule an appointment.
Separation & Divorce
Denise Kelleher & Associates Solicitors has extensive experience in representing clients in divorce and separation cases. We understand how difficult this time can be so we make every effort to be as patient and sensitive as possible throughout this challenging time.
To divorce in Ireland, a client requires a decree of divorce, however before obtaining this decree the couple must meet certain requirements.
The legal requirements for Divorce Include
- Reasonable potential reconciliation does not exist
- Welfare agreement for the spouse and/or dependent children most be reached
- The separating couple must have been living apart for four to five years before seeking the decree of divorce
The above may be the requirements, however, every divorce case is based on its unique circumstance. Our family law solicitor Cork can offer legal advice based on the circumstances of your separation.
Obtaining a Court Order
We can help clients obtain legal orders for a variety of different situations. Our family law solicitor can advise on the correct order to apply for.
Unfortunately, if not handled correctly, obtaining an appropriate court order can be difficult and a failed attempt at getting an order can exacerbate an already difficult situation.
The court orders that we can help our clients apply for include:
- Interim Barring Order
This is a temporary banning order that only lasts until the full court hearing of the safety/protection order.
- Barring Order
When this order is made against a person, this person (respondent) is legally obligated to stay away from a defined person, that person’s place of residence and that person’s dependent children.
- Protection Order
A protection order may be granted when a person is applying for a safety order and/or barring order. A protection order is temporary and only applies until the full court hearing on the safety order begins.
- Safety Order
A safety order prohibits an abusive person, referred to in legal terms as the respondent, from committing further violent acts or making threats to commit violent acts.
Pension rights are an important component of divorce proceedings. Our family law solicitor Cork can advise clients on how a divorce can affect their pension.
In divorce proceedings, a pension adjustment order may require the trustee to pay a portion of their benefits to a dependent spouse or another dependent person.
Family Law Solicitor
As highly professional family law solicitors, we understand that family law isn’t about winning or losing, it is about recognising that relationships change and evolve.
However, as relationships end, an individual’s interests along with the interests of their children need to be protected.
Some of the areas of family law we oversee include:
Custody and Access Custody is concerned with the care and control of a child. In the best-case scenario, parents can reach a custody agreement on their own. If this isn’t possible our solicitors can help protect your interests in mediations and assist in reaching the best possible agreement for the children..
Maintenance Maintenance is payments made to a spouse or a civil partner for their benefit and/or for the benefit of dependent children.
Separation Agreements In Ireland, a separation agreement is a legally binding contract that outlines the agreement reached between separating parties. Unlike divorce, no time limit needs to elapse before a separating couple seeks a separation agreement.
Mediation A mediation solicitor, helps individuals reach an agreement on contentious issues that arise from their separation. These issues can be related to children, finances or living arrangements.
Judicial Separation Judicial separation can be applied to the courts when a married couple can’t agree on the terms on how they will live separately. If the court agrees that the required conditions for judicial separation are met, the courts will grant a judicial separation. Which will include a degree that the couple is no longer required to live together as a married couple. This degree may also include an order regarding custody and access to children, maintenance payments, the transfer of property, etc.
Divorce [company_name] are experienced and specialist divorce solicitors. During a divorce in Ireland, we make sure that the interests of our clients and the interests of their children are protected.
Nullity A nullity of a marriage is a declaration that a marriage is null and void. Our family law solicitors are available to advice on annulments.
Civil Partnerships Ad Cohabitation Agreements [company_name] can advise on cohabitation agreements and civil partnerships.