Category Archives: Family law

Succession Rights For Separating Couples

By acelegal April 11, 2019

Irish law protects spouses and partners from being left out of wills or inadequately provided for by ensuring their succession rights. A partner or spouse is entitled to half of the estate of the deceased if there are not children involved, and one third if there are children to consider and provide for. This is called the Spouse’s Legal Right Share, and cannot be overridden by a will unless your rights are waived with your agreement. For this reason, it is very important to ensure that you have an up to date will and that your wishes will be upheld…

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Is An Open Relationship Cause To Remove A Child From Parental Care?

By acelegal September 26, 2018

In Irish law, particularly in care proceedings, the welfare of the child must come first at all times. This is the governing principle upon which decisions are made about child custody and the rare cases in which children are removed from their parent’s care. Procedures to take a child into care will usually follow a long period of time in which interventions are offered to the parents after a child is identified as being at risk of significant harm. Only if these interventions are unsuccessful, and agreements are not met to the satisfaction of the local authority, will the child…

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How To Get A Divorce

By acelegal August 8, 2018

If a marriage has gone beyond the point of reconciliation, and one or both partners has made the decision to divorce, the question of how to proceed will arise. In Ireland, as long as at least one partner has lived in the country for at least a year, a married couple can divorce if certain circumstances apply. These include: Living apart for at least four years out of the five year period prior to filing for divorce. This does not necessarily have to mean living in separate properties, but must involve living independent lives and not sharing sleeping space. No…

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How Does A Divorce Impact On Finances?

By acelegal May 10, 2018

If you are going through a divorce, you may be worried about how it will affect your financial situation in the future. Financial settlement is an important part of divorce proceedings, and reaching an agreement may be complicated. When all of the evidence has been submitted by both parties, and the courts make a decision about the way assets and income will be divided, the financial settlement is usually the final part of the process and it is often a relief to reach this stage. How Divorce Can Affect Your Financial Situation: There are several factors that will be considered…

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How Does Divorce Affect Families?

By acelegal April 12, 2018

Ireland has the lowest rate of divorce in the EU, and the third lowest in the world, and the marriage rate has increased since the 1995 referendum that removed the constitutional ban on divorce. Divorce is not common, and recent statistics showed that more than 88% of marriages were the first marriage for both the bride and the groom. Studies carried out in Ireland in recent years have demonstrated that one-parent families in Ireland are suffering a high level of deprivation, and one third of these families have been through divorce. It is very clear that families with one parent…

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Partners And Children: Know Your Inheritance Rights

By acelegal July 13, 2017

Inheritance law is complex and it can be very helpful to understand it in advance so that you are not faced with difficult situations at an emotional time. Understanding how the law affects you when a partner or parent dies is very important, and planning ahead in this area can take a great weight off your mind. The first question to consider is whether the deceased has left a will or not. If there is no will, the person is considered to have died intestate, and this is a much more complicated situation. If a person leaves a will behind…

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