Family Law Practice Areas
Carter Anhold & Co., Solicitors dedicates a large section of its firm to the area of Family Law practice.
If you currently have a Family Law based query or concern we have a number of Solicitors at hand to assist you in dealing with any of those queries or concerns.
At Carter Anhold & Co., Solicitors we are conscious that many Family Law issues can be difficult personally for the parties involved. We are also very conscious of the requirement to be sensitive to those difficulties and of the many facets or differing dimensions that a particular family matter may have.
Some of the main areas we practice in are as follows:
Marital Separation and Divorce
One of our family law solicitors will explain your options to you in this area which include:
A Separation Agreement
This effectively is a Separation Contract and the most cost effective way of dealing with a separation without the initial necessity of having to go to Court.
All areas with the exception of Pension Adjustment Orders can be dealt with through a Separation Agreement including the Division of Marital Assets, Maintenance, Custody and Access to children, and Succession rights including other areas.
A Separation agreement however may be required to be made a rule of Court.
A couple can seek Judicial Separation through the Courts. The grounds upon which the Court may grant an order of Judicial Separation are:
- A spouse has committed adultery
- The spouse has behaved in such a way that the Applicant cannot reasonably be expected to live with the Respondent
- There has been desertion by one spouse of the other spouse for a continuous period of at least one year immediately preceding the date of the application
- The spouses have lived apart from each other for a continuous period of at least one year immediately preceding the date of the application and the Respondent consents to a decree being granted
- The spouses have lived apart from one another for a continuous period of at least three years immediately preceding the date of the application
- The marriage has broken down to the extent that the court is satisfied in all the circumstances that a normal marital relationship has not existed between the spouses for a period of at least one year immediately preceding the date of the application
Various ancillary orders can be made attaching to an Order of Judicial Separation including orders affecting the division of the interests or sale of the family home, and equally orders with regard to Maintenance, Custody and Access to children, Succession rights and Pension rights including other areas.
An order of Judicial Separation does not allow a party to re-marry.
An order of Divorce of the Court effectively allows the parties to remarry.
A party seeking a Divorce must however prove to the satisfaction of the Court that:
- At the date of the commencement of the proceedings the spouses have lived apart for four out of the five previous years
- There is no reasonable prospect of a reconciliation between the spouses.
Proper provision is made or will be made for the spouse and dependent members of the family. Ancillary orders can also be sought through Divorce also.
A marriage can be declared null and void where the Court is satisfied that a couple were never legally married in the first instance, and there are a number of qualifications which must exist to prove the requirements of nullity.
If there are Children of the Marriage or of a Partnership then the Welfare and the concerns of the children should always be of primary importance.
At Carter Anhold & Co., Solicitors we are always on hand to assist you with any queries or concerns that you have have with regard to:
- Guardianship of a Child
- Custody of a Child
- Access to a Child
- Maintenance for a Child or Children
Should you require any assistance on all of the above, please feel free to contact us.
Blog Items Relating to Family Law
Parts I and II of The Family Law Act 2019 commenced on 1 December 2019 and amend The Judicial Separation and Family Law Act, 1989, The Family Law Divorce Act 1996 and The Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010.
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into force on 1 January 2011. It brings about a complete transformation of the law in relation to cohabiting couples. Many couples choose to live together in a relationship without...
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