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Family

Family law.

Family matters are the ones people put off longest. The law here is mostly about arrangements, not blame. Below is what each route involves, in the order it usually happens, so you can see where you are.

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A note on what we can say here

This page describes procedure. It does not predict what a court would decide in your case, and no solicitor can tell you that. Family proceedings are heard otherwise than in public, so no firm can describe past cases either.

If there is any immediate risk to you or a child, contact An Garda Siochana. Protective orders can be applied for urgently, and we will explain that process at a first meeting.

The routes

Most of this is settled by agreement, not by a judge.

A court application is sometimes necessary and sometimes unavoidable. It is rarely the first step, and it is usually the most expensive one.

Route one

Mediation

A trained mediator helps you reach your own agreement. The Family Mediation Service is free. A solicitor is required to tell you this option exists before issuing proceedings.

Route two

Separation agreement

A written contract dealing with the house, maintenance, pensions, and the children. Signed by both, no court needed. It can later be made a rule of court.

Route three

Judicial separation

A court application where agreement cannot be reached. The court can make orders about property, maintenance, pensions and succession rights.

Route four

Divorce

Available where the couple have lived apart for at least two of the previous three years, proper provision is made, and there is no prospect of reconciliation.

Other applications

Matters that stand on their own.

These do not require a separation or a divorce. Many are dealt with in the District Court, and many are resolved at the first return date.

District or Circuit Court

Maintenance

For a spouse or for a child, whether or not the parents were married. The court looks at the income and the reasonable needs of both households. An order can be varied later if circumstances change.

District Court

Guardianship, custody and access

Guardianship is the legal responsibility for a child. Custody is day to day care. Access is time with the parent the child does not live with. Each is a separate application and the test is the best interests of the child.

District Court · urgent

Protective orders

Safety, barring, protection and interim barring orders under the Domestic Violence Act 2018. These can be applied for urgently, and legal aid may be available.

Circuit Court

Cohabitants

A qualified cohabitant may be able to apply for redress under the 2010 Act after a long term relationship ends. The conditions are strict and there is a time limit.

Legal Aid Board

Legal aid

Civil legal aid through the Legal Aid Board covers many family matters, subject to a means test and a contribution. There is often a waiting list. We will tell you at the first meeting whether it is worth applying.

Client guides

Your guide, with your own figures.

Read the steps, try the calculator, then create a printable guide with your details to bring to your first appointment.

01Guide

Separation and divorce: the first steps

If you are reading this, you are probably in one of the hardest stretches of your life. This guide explains the road ahead, calmly.

Read it, then create your personalised guide

02Guide

Living together, not married: where you stand

Half the country believes common law marriage exists. It does not. This guide explains the rights cohabiting couples actually have.

Read it, then create your personalised guide

03Guide

Unmarried fathers and guardianship

This is one of the most asked family law questions in Ireland. This guide explains when a father is a guardian, and how to become one.

Read it, then create your personalised guide