Hugh Condron - Family Law Consultant

  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...

  Victims of domestic violence to receive full pay as part of new domestic violence leave measures From  Department of Children, Equality, Disability, Integration and Youth     The Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, has today announced that victims of domestic violence will receive their full pay if they need to take domestic violence leave. Domestic violence leave will be formally introduced in the autumn with the publication of regulations setting out the rate of pay and guidance for employers, currently being developed by Women’s Aid. The new form of leave was introduced as part of the Work Life Balance Act, passed earlier this year. Speaking today, Minister O’Gorman said: "Domestic violence leave gives a victim of domestic violence the chance to access support without impacting on their employment and income. It is important that they can take the leave without worrying about losing income or being put at more ri...

  Disappointment as construction of family courts complex delayed again Family lawyers have been left disappointed by reports that the construction of the long-awaited family courts complex at Hammond Lane will not begin until 2026. The Hammond Lane site was earmarked in 2014 for the development, which is intended to replace the existing facilities for family law at Dolphin House, Chancery Street, Phoenix House and in the Four Courts. The timetable for the project has repeatedly slipped, despite hopes that the project would pick up pace after approval in principle by the Department of Justice in June 2022. The design plans for the building were approved in principle in November 2022. However, a spokesperson for the Department of Justice has said that construction is now “expected to commence in 2026”, meaning that the project “would be completed in 2028”. Family lawyer Keith Walsh told  Irish Legal News  that the latest delay is “very bad news for families who are fo...

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