For further information on these requirements and for all other Family Law queries please contact a member of our legal team here.
Wilkinson & Price Solicitors of Naas have settled both divorce and separation cases and can offer both experience patience in what is a difficult time. A decree of divorce can legally dissolve a marriage but there are certain requirements for the couple before they obtain a decree for divorce.
These legal requirements for divorce include:
No reasonable potential reconciliation may exist
Maintenance for the welfare of spouse and/or dependent children must be reached.
The couple wishing to divorce must have been living apart for four out of the last five years.
These are requirements for divorce, however, every case is treated differently and there are numerous other requirements for divorce to be observed. We will do our best to uphold the highest of standards.
Pension rights are an increasingly important topic in divorce proceedings and so the benefits need to be understood by both parties. Wilkinson & Price have experienced solicitors available to advise you how a divorce can affect your pension and also your defined benefits based on your salary and defined contribution which depends on the final fund value. For legal purposes, pension benefits can be Retirement benefits or contingent benefits.
In the courts of family law a pension adjustment order requires the obliges trustees to pay a portion of pension benefits to the other spouse or dependent member of the family. Wilkinson & Price Solicitors of Naas have an expert legal team with experience in all areas of pensions.
Obtaining orders can prove difficult without the correct approach and more often than not leaves situations worse than before. With a dedicated legal panel, Wilkinson & Price Solicitors of Naas will help you find the correct order for your situation. There are varying degrees of protection and we can help you understand how the legal system would grade your situation.
These are some of the orders which we can help you obtain from the courts:
Interim Barring Order This will last until the full court hearing of the safety/protection order. This is only a temporary barring order.
Barring Order This obliges a person (whom the order is made against) stay away from the person applying for the order, any dependent children and place of residence.
Protection Order A court may grant this order when a person applies for a safety order and/or barring order. Protection Orders are a temporary safety order which only last until the full court hearing of the safety/protection order.
Safety Order This prohibits the person against whom the order is made from using or threatening to use violence towards the person applying for the order and/or the dependent children.
Pre-Nuptial Agreements are contracts which people who are about to get married create which stipulates what happens if the marriage ends in divorce. Currently, Ireland and Britain are the only countries in Europe whose courts don't recognise prenuptial agreements. That said it is possible to create a prenuptial agreement.
The argument against signing a prenup is that a marriage will certainly end in separation as people have already considered their desired consequences.
Although there is no reason to believe that the law will change there is demand for it as Irish people are getting married later in life and are accumulating more wealth and assets before they get married. There was also a time in Ireland when divorce was considered taboo however that has become part of legal system. Courts in England have already considered prenuptials in court however they remain non-legally binding.
For all queries relating to family law, please contact us by phone or using our contact form.