Family Law      

The breakdown of your relationship can be an extremely difficult and emotional time and even moreso when children are involved. At Corcoran & Company Solicitors we are here to help, guide and support you through this difficult time.

Separation Agreements

Where it is possible to agree the terms upon which you and your former partner will live separately then you and your former partner may enter into a binding separation agreement. Assuming that both parties cooperate in the negotiation process a separation agreement can be a quick, cost-effective and amicable way for you and your former partner to separate.

Matters which can be agreed by way of separation agreement include:

  • custody & access;
  • maintenance;
  • allocation of family assets / family home;
  • indemnification from future debts; and
  • succession rights.

At Corcoran & Company Solicitors we are experienced and skilled negotiators. As your Solicitors we will use our negotiation skills to ensure that a comprehensive and final settlement agreement is reached between the parties ensuring a fair outcome for you.

Judicial Separation

Where it is not possible for you and your former partner to reach a negotiated settlement agreement an application can be made to court seeking a Decree of Separation. A judge can make binding orders regulating the separation of the parties. Such orders may include orders regulating:

  • the division of family assets;
  • maintenance and child support;
  • custody and access issues;
  • the division of pension entitlements; and
  • any other orders that the relevant Judge may deem necessary in the circumstances.

At Corcoran & Company Solicitors we are here to guide and support you through your judicial separation. As your Solicitors we will issue all relevant court proceedings on your behalf and we will use our considerable experience and expertise in this area to ensure the best possible outcome for you and your family.

Divorce

Where you and your former partner have been living apart for four out of the previous five years an application can be made to court for a Decree of Divorce. A Judge can make binding orders regulating the divorce. Such orders may include orders regulating:

  • the division of family assets;
  • maintenance and child support;
  • custody and access issues;
  • the division of pension entitlements; and
  • any other orders that the relevant Judge may deem necessary in the circumstances.

At Corcoran & Company Solicitors we are here to guide and support you through your divorce. As your Solicitors we will issue all relevant court proceedings on your behalf and we will use our considerable experience and expertise in this area to ensure the best possible outcome for you and your family.

RECENT CASES / DEVELOPMENTS

Update: January 2016

Family Law – maintenance

Respondent father challenged a High Court judgment (O’Hanlon J) of 31 July 2014 in which the trial judge concluded that she had jurisdiction under the Guardianship of Infants Act 1964, s 11, to order the respondent to make an interim maintenance payment of €5,000 per week for 22 weeks to the plaintiff mother, with a stay on the order provided the father paid an additional €3.000 per week for a period of 22 weeks.

Father paid a total sum of €110,000 by way of additional €3,000 weekly maintenance amounts.

Father had significant earnings and agreed to pay periodic sum for maintenance for the benefit of six dependent children, four of whom have special needs, mother was seeking an order for a lump sum or in the alternative periodical payments to enable her to provide for past and future legal costs.

Held, trial judge incorrectly identified s 11 of the Guardianship of Infants Act 1964 as the statutory provision which gave her jurisdiction, she did have jurisdiction under s 7 of the Family Law (Maintenance of Spouses and Children) Act 1976, High Court order varied to vacate that part which refers to the Guardianship of Infants Act, court considers that €110,000 already paid by father was the outer limit of periodic payments which ought to have been directed on the facts herein.

For more information see: M (S) v M (N)


Family Law – Divorce – Financial Provision 

Decree of divorce was granted on the basis of irretrievable breakdown of marriage.

Both spouses were able to earn their own income.

Lump sum to be paid each year in two instalments during dependency of two children, calculated on basis of €80 per week per child.

Variation granted on terms of access as set out in Circuit Court order.

Six annual instalments of €12,000 to be paid by husband to buy out any interest the wife may have in the husband’s assets.

Various other orders made in relation to land, stock and farm machinery.

For more information see: M (V) v P (J)

Phone: (01) 561 7900
12 Thorncastle Street, Ringsend, Dublin 4, D04 W2K2
info@corcoransolicitors.com