Hugh Condron - Family Law Consultant

  What is a Separation Agreement and is it legal? Separation Agreements are typically used when a couple decides to live apart but are not yet ready to pursue a full divorce. The agreement can address financial, custodial, and other practical matters to help ensure an amicable separation process. Despite what some people might say, Separation Agreements are legally binding. It is important to note that a Separation Agreement does not dissolve your marriage, that can only be done through the court by way of Divorce. Separation Agreements are not orders made by the court, which means they can potentially be challenged or changed later on. To make sure that a Separation Agreement is taken seriously by a court, it's important to have the agreement drafted or reviewed by someone with experience in this area. The agreement should be voluntarily entered into by parties, with each having received legal advice beforehand. Full disclosure of finances from both parties is also essential, and ...

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 ...

  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...