Hugh Condron - Family Law Consultant

  Here's a brief overview of the history of divorce in Ireland: Until 1995, divorce was constitutionally banned in Ireland. The ban dated back to the 1937 Constitution, which reflected the strong influence of the Catholic Church on Irish society and law. In June 1986, a referendum to remove the constitutional ban on divorce was defeated. In November 1995, a second referendum narrowly passed (50.28% in favor), allowing for the introduction of divorce legislation. The Family Law (Divorce) Act was enacted in 1996, officially legalising divorce in Ireland. Initial divorce laws were relatively strict, requiring couples to live apart for four out of the previous five years before filing. In 2019, a referendum passed to ease divorce restrictions, reducing the separation period to two years. It is worth noting that the two years living separately includes time spent living separately and apart under the same roof.  hugh condron hughcondron How to get a divorce Once you have been livin...

The government has recently put more resources into handling domestic violence cases, which was certainly long overdue. However, this increase in capacity is barely keeping up with our growing population and the increased demand for court services. While the increase in capacity is a good thing, all of this progress is likely to be undone by the Family Courts Bill 2022 which is currecny before the Seanad. People who work in family law across the country are confused by the proposal in this bill to add separations, divorces, and cohabitation cases to the workload of the already under pressure District Court. The District Court is not well-suited to handle these types of cases. Separation, divorce, and cohabitation cases are often very complex and can require many hours to resolve. The District Court is not set up to properly deal with this type of work. The bill also proposes an arbitrary financial distinction between which cases will start in the District Court and which will remain in...

  What are Section 32, Section 47 & Section 20 reports? It is important to understand the background to the 32 & 47 reports. Following a 2012 referendum a change was made to the Irish Constitution, making it a requirement (where a child was old and mature enough) for the “voice of the child” to be heard by the court in proceedings that would affect them. The Court must take their views into account, while always focusing on the best interest of the child. It is worth noting that the best interest of the child may not always be the same thing as what the child wants, but the child’s view will be heard. Article 42A, inserted into the Irish Constitution, strengthens the position of children in legal proceedings, and gives them rights of their own, including in Family Law cases. It says that, The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights. The Children ...

Key points from the Gender Recognition Act, 2015 [1] The Act makes provision to recognise change of gender and to provide for Gender Recognition Certificates. In doing so, the Act amends the Irish Nationality & Citizenship Act 1956, the Civil Registration Act 2004, the Passports Act 2008 and the Adoption Act 2010. General Points 1.      There will be no charge for making an application for a gender recognition certificate. 2.      If an application is refused, reason(s) will be given why and an appeal may be made within 90 days. If no appeal is made, after 90 days the decision to refuse is final (See Section 17 for details). 3.      If a person is over 18 there is no requirement to produce any medical or psychiatric reports, this requirement relates to those from 16 – 18 years of age. Eligibility to apply for a Gender Recognition Certificate i 1.      Must be 18 or over. 2.   ...

  How are Pensions dealt with in Family Law proceedings? When you end your marriage (or civil partnership or cohabitation) by judicial separation, divorce or dissolution, the court can decide to share your assets with your former partner or any dependent children. This is to make sure that proper provision is made for all parties.  While the family home is usually the most valuable asset, your pension can also be considered an asset and sometime the value of your pension can be the greatest asset. This means the court can order that your pension be divided into whatever shares it considers appropriate. This is called a Pension Adjustment Order. Pension Adjustment Order A Pension Adjustment Order is when the court orders your pension be shared with your former spouse or civil partner, and (or) any dependents, such as children under 18. For example, if one person has a substantial pension, and the other person who worked in the home raising the children etc., has no pension, the...

  Domestic Violence / Abuse Domestic violence includes, but is not limited to, any act or threat of physical, sexual, or emotional violence, or coercive control. This is also referred to as domestic abuse. These acts or threats can be against you or a family member. Domestic violence also includes acts and threats of a financial or digital nature. This is where someone uses money or online harassment to control another person.  Violent acts or threats can be made by someone who is related to you by blood or adoption, e.g. parents, adult sons and daughters, and grandparents. They can also be made by people the court considers an intimate partner. These include current and former spouses, civil partners, cohabiting partners, your child's other parent, and unmarried intimate partners. Disputes between neighbours, tenants, or roommates are not covered by domestic violence law. You may be eligible to apply for a domestic violence order or a combination of orders. Some orders d...

  Regardless of the nature of your relationship, you need to be aware of issues relating to children that result from, or form part of that relationship. These issues can include: Guardianship  is a person's legal responsibility to make decisions and perform duties regarding a child's upbringing, for example, schooling, medical treatment, passport. Guardianship ends when a child turns 18 years of age unless a guardian dies or is removed as a guardian before that. Guardianship should not be confused with custody which is about the child's day-to-day care. It should not be confused with access which is the legal right of a child and an adult to have contact with one another when they do not live together. Custody  means the day-to-day care and home life of a dependent child. In custody matters, these are children under the age of 18. There are two categories of custody: Sole Custody  is where one parent or person appointed by the court is responsible for the child's da...

  Maintenance is financial support. It means money paid by one person to another for the support of another person, such as a dependent child, spouse, civil partner or a qualified cohabitant. In Ireland a dependent is a child up to the age of 18 or 23 if still in full time education, it also refers to anybody who by way of physical or mental disability would remain dependent. Maintenance of dependent children is often called child maintenance. It is an agreement or a court order covering how a child's living costs will be paid. Living costs refer to the day to day care of the dependent and can extend to extra curricular activities such as sports or hobbies. Maintenance is often an issue after a relationship break up. It can be part of a marriage separation or divorce, or the ending of a civil partnership. Other persons affected by the breakdown of a relationship, such as a qualified cohabitant, may be entitled by law to maintenance. It is important to know that Dependent children a...

  When your marriage comes to an end, you have a number of options available to you.      A  Separation Agreement  is where both spouses or partners agree on how they will live separately into the future. It is an out-of-court agreement which means it is not set out by a judge therefore no orders are made. Fundamentally it is just a statement of each others intentions. A Separation Agreement does not dissolve the marriage and can not deal with pensions. A Separation Agreement is a legally binding contract. Any breach of the agreement can be dealt with through the Court as a breach of contract, it is not a Family Law matter. Where both spouses cannot agree and want a judge to make a decision about their affairs, they can apply for a  Judicial Separation. This can also be achieved when there is agreement between the two parties. A Judicial Separation is a Family Law matter and the court will make orders determining how both spouses wi...