FAMILY LAW, DIVORCE AND SEPARATION ADVICE
The area of Family Law has expanded hugely in Ireland in the last 20 years. The amount of legislation that now governs the area taken together with the law as developed through cases which have been brought to Court means that this area has become very complex. The main areas in respect of which we at Neil J. Butler & Co., deal with are as follows:

1. Divorce
In Ireland we have a system of "no fault" Divorce. This means that the courts are not interest in who did what to whom, but rather need initially to establish whether the parties fulfil the requirements set out in the Family Law (Divorce) Act, 1996, before a Divorce can be ordered. The central requirement is that the parties must be living separate and apart for a period in excess of 4 years prior to the date of application to the court. It is not in fact necessary for one party to have left the family home - if you can establish that each of you have been living in effect separate lives albeit under the same roof for a period in excess of 4years, then you may well be able to qualify under the legislation.

Currently, a large number of applications for divorce are being brought by people who have separated quite a number of years ago and who already have agreed the manner in which their property and assets should be divided. They bring the application as a type of final chapter in becoming separate people. However, it is vitally important to note that once an application is made to the court, under the legislation that Judge has power to look at the entire circumstances of both parties at the time the application is made and need not in fact adopt the terms on which the parties originally separated. Therefore, if one party has done better than another over the intervening years, the division of assets can be reviewed. Very careful consideration must therefore be given to seeking a divorce and professional guidance should always be sought.

Within the divorce application, if agreement cannot be reached on matters to deal with custody of children, division of property assets, division of financial assets, pension entitlements, inheritance rights and so forth, then the Circuit Court Judge or the High Court Judge has power to deal with all of these issues. It will involve an examination of each parties asset base, income capacity, medical circumstances and such like. If there are children involved, a very careful and thorough enquiry is carried out by the courts to establish what would be the best interests of the child, pursuant to the constitutional obligation of the State to protect those interests.

Irish Legislation also requires that the parties involved in a divorce must first be advised as to the identity of professionals who may be able to assist by way of guidance and mediation. We at Neil J. Butler & Co., can make these referrals or if they fail, can assist you in taking the next steps to safeguard the interests of your children and also to legislate for the manner in which you might seek to live separate and apart from your estranged spouse. This is of great relevance in regard to the whole issue of future assets.

2. Legal Separation
If you have not been living separate and apart for 4 years as set out above, you will not qualify for a divorce. Until that time however, you may need to have a legal structure placed upon the relationship between you and your estranged spouse. You may also need to legislate for items such as maintenance, access to children and so forth. This can be done through the medium of a Separation Agreement which might be viewed as an interim measure until you choose to make an application for divorce. If a reasonably short time elapsed between the making of such a Separation Agreement and to the application for divorce, the Separation Agreement can often be a useful guideline for the courts in its deliberations later.
It can also be the means by which the main points likely to remain as issues between the parties can be identified and perhaps worked on with professional help so that ultimately a divorce application can be made as smooth as possible.

3. Barring Orders/Protection Orders
In the course of a family breakup, there can often be instances of mental or physical abuse. The Irish Legal System provides some measure of protection for the victim spouse and/or children. in those circumstances. We at Neil J. Butler & Co., can assist you in assessing the applicability of those remedies and the bringing of the necessary applications. These can often be urgent applications and legal advice should really be sought at the earliest possible time. These Orders should however not be sought lightly - if the court agrees to protect a spouse, it usually will only do so on the basis that the spouse takes further, more comprehensive steps to achieve a separation from the abuser with all the consequences for children and a relationship that this can have.

4. Maintenance
Even within a marriage relationship, issues can arise as to the inability of a spouse to maintain her/himself and the children of the marriage, based on the money provided ( or not ) by the working spouse. If this cannot be resolved through negotiations, then it may be necessary to make an application for maintenance. A similar application can be made when parties are separating and need to place a structure on the manner in which a spouse and children are provided for. In the absence of agreement, an application can be made to the District Court or in certain circumstances to the Circuit Court to seek a formal Maintenance Order. If there is a failure to comply with this Order, remedies are available including imprisonment. It is also important to note that once made, a Maintenance Order is not cast in stone - either party may at any stage bring an application to vary it either upwards or downwards in order to better reflect the abiding circumstances from time to time. A parent has certain minimum obligations in regard to maintaining children particularly those in continuing education. Further details can be sought from us at Neil J. Butler & Co.

5. Custody/Guardianship
Where young children are involved in a married situation which is under strain or breaking up, issues of custody, access and guardianship can arise. These are very difficult and sensitive issues. Their resolution may involve other professionals such as doctors, psychologists, the Gardai and so forth. If agreement cannot be reached, any application made to the courts will be dealt with by the Judges on the basis of the best interests of the child and not necessarily what one parent wishes.

Family Law disputes can be very costly not just emotionally but also on the economy within the family. Dispute resolution should involve continuing attempts to negotiate agreement. We at Neil J. Butler & Co., while protecting our client's rights and position, will also seek to continue a dialogue with our opposing legal representatives in an effort to minimise the suffering and the economic cost for all parties.