Irish Divorce and Separation – “Solutions not Problems”
Divorces and Separations are by their nature traumatic, however, with proper Legal advice and a caring service, solutions can be achieved. At O’Shea Russell Solicitors we see our duties as twofold. Firstly, we embrace the role of helping clients navigate uncharted waters, looking at Clients’ overall situations, concerns and requirements and not just legal issues.
Secondly, when accommodations cannot be reached between parties on a mutually respectful and dignified basis we fight vigorously for the rights of our Clients.
Marital breakdown is a sad reality of Irish life, however, the separation / divorce process also consists of the rebuilding of new and different family units. Our recognition that marital breakdown requires legal intervention while, at the same time, affording the opportunity for rebuilding within a structured legal environment, is fundamental to the message of our Firm.
“Though no one can go back and make a brand new start, anyone can start from now and make a brand new ending.” – Carl Bard
If you currently believe that you may have the need for legal services in the context of divorce or separation then read on…
Unfortunately there are times when marriages, even those of long duration, break down. The inevitable emotional and financial distress that flow from broken relationships often leave people feeling isolated and confused. In addition to the emotional trauma, the breakdown of marriage has legal consequences. Having someone to go to for advice at such a time can help to return some degree of order for all parties and can help to deal with the practical issues that arise.
I have been practising Family Law for many years now and I can say that the one thing that has emerged from my experience is the understanding that Clients need a sympathetic, caring service from their Legal Advisor coupled with shrewd analytical skills and an in depth knowledge of the Law . Clients need to work with a Legal Advisor who is committed to securing the best possible outcome for them. Separation and Divorce are processes which formalise the end of a marriage and address the need for new arrangements incorporating the needs of all parties going forward.
It is very easy to lose sight of something important in the midst of such turmoil. The commitment I make to Clients is to assure them of a caring and understanding service and to bring my considerable experience to bear in their favour.
While the law cannot cater for the emotional trauma endured in marriage breakdown it can and does provide a resolution to legal issues and sets boundaries which, of themselves, introduce a degree of calm. Trust is key and confidentiality is guaranteed.
The terminology of Separation and Divorce can be daunting for the uninitiated, however, the situation can be summarised as follows:-
A Separation Agreement is a legal document negotiated between Solicitors, possibly after mediation, whereby the parties agree the terms under which they will live apart. Separation Agreements can be very wide ranging documents and offer an ideal solution where the parties to a marriage which has broken down can still work together to seek an orderly resolution.
A Judicial Separation is an Order of Separation following proceedings before the Courts. A pre-requisite to securing a Judicial Separation is that the Parties have lived apart for a period of one year. The terms of the Court Order can either reflect terms agreed following negotiation or, where the parties have failed to agree terms, set the terms after the presiding Judge has considered all matters.
Divorce allows parties to remarry and can be applied for where parties have lived apart for a period of four years out of the previous five.
At O’Shea Russell Solicitors we deal with all aspects of marital breakdown whether it be negotiating mutually acceptable arrangements or litigating before the Courts where an agreed arrangement cannot be achieved.
Our service within these areas is wide-ranging from the provision of initial advices to the finalisation of Separation Agreements or Court Proceedings. Issues dealt with will often include:
- Property Division
- Lump Sum Payments
- Taxation Implications
- Custody & Access
- Pension Adjustments
Let us help you find the resolution that is best for you and your family.
“Every day is a new beginning. Treat it that way. Stay away from what might have been, and look at what can be.” – Marsha Petrie Sue