Blog Archives - The Family Practice

Divorce in Ireland: Financial Security for the Stay-at-Home Spouse

Jeremy Ring — Mon, 13 Apr 2026 11:52:59 +0000

One of the frequent enquiries we get in the office is from spouses who have worked in the home for much, or sometimes all, of the marriage. They can be married to someone who has earned a lot of money and acquired a sizeable pension pot and sometimes other assets. This spouse sees themselves as being in a very weak position. They may have no money “of their own”, feel deeply unhappy in the marriage, but feel effectively trapped and reach an age when the children have grown up, and feel they must stay in the marriage, as financially they have no freedom.

Well, are they correct?

No, in many cases, they have much more freedom than they think.

Work in the Home Is Treated as Equal

Under Irish family law, work inside the home is treated as equally as valuable as work outside the home. The basic idea is that you, as a family, achieved all this together. So if one spouse went out and earned the income and the other stayed at home, raised the children, kept the household going, and supported family life, the law does not treat one contribution as more valuable than the other.

Effectively, a case like this can often lead to something approaching a 50/50 split of the assets in order to meet the proper provision requirement, although every case will depend on its own facts. If the spouse is a senior civil servant, solicitor, accountant, doctor, or business owner who has acquired a pension pot worth €1 million or €2 million, with lump sums and so on, then the other spouse may have a very significant entitlement in respect of that pension going forward. Upon retirement, this can lead a spouse in this situation to acquire a good income that more than meets their needs. This is especially so in situations I have encountered where the stay-at-home spouse is not in receipt of very much income at all.

Similarly, with accumulated bank accounts, shares, investments, and other assets, they all have to be taken into account. The idea is not that one person “won” all of this and the other person simply happened to be nearby. The idea is that the family unit achieved it together, with one person often freeing up the other to pursue a career or business in a way that would not have been possible otherwise.

What Financial Security Can Look Like After Divorce

This is where people are often surprised.

A spouse who may currently be living on very little, with no independence and no real control over their own finances, can find that their position after divorce is far stronger than they expected.

Between a share of a pension, access to capital, and in some cases spousal maintenance, there can be a solid financial footing going forward. A person who has not worked outside the home for 20 or 30 years may be accustomed to a certain standard of living, and that does not simply disappear.

For many stay-at-home spouses, the issue is not that they have no rights. It is that they do not realise how strong those rights can be.

The Rub: The Family Home

The rub can be the family home.

Very often, that home is worth well in excess of a million euro. The mortgage may be paid off or close to paid off, but neither party is in a position to buy the other out. If the children are no longer dependent, then certain orders usually need to be made around the house if the divorce is to happen and if neither party can realistically remain there alone. You unfortunately cannot make an omelette without breaking some eggs.

People can be very attached to where they live. Their friends are nearby, their golf club is nearby, and their routine and social connections are all tied to a certain area. They can feel that if they move, a large part of their life is being lost. That is understandable. The court is not blind to that. But at the same time, the courts are frequently dealing with families who have young children and not enough money to create two households at all. Against that background, they are not likely to dwell too long on what is, in truth, a relatively fortunate situation where both parties have enough money to buy two smaller properties mortgage-free, even if neither of them gets to remain in the original family home.

This can lead to what seems to be a strangely common situation in Ireland, particularly among older couples with money. They effectively lead separate lives because they do not want the practical and financial upheaval of dealing with the house. They remain married, often unhappy, and simply drift.

The Higher-Earning Spouse Perspective

We also see this from the higher-earning spouse’s perspective.

The factual scenario is often a person who has worked, in their view, extremely hard and achieved, in their view, a great deal through their own acumen and effort. They feel that they have worked the hard yards of 1500 or 2000 billable hours to finally reach the Valhalla of retirement. They want to travel, play golf or tennis, and now live the life they always wanted. Unfortunately, their spouse does not share this vision, and the couple drifts apart.

This spouse thinks about separation and is advised that he or she will likely have to share “their” money, pension, and assets that they have worked so diligently to acquire. They may also have to pay spousal maintenance as the other spouse may not have worked in 20 or 30 years and is logically accustomed to a certain lifestyle. They receive this advice and hear that if they proceed, they will simply lose, so what is the impetus for them? They decide to live separate lives and hope that their spouse does not go to a solicitor.

Legal Fees and the Bigger Picture

As I have said previously, the other spouse in this situation can sometimes be afraid to do anything because of the impending doom of legal fees. She or he says, I cannot afford the exorbitant legal fees that solicitors charge. In a case like this, with a large valuable house, big pensions, and significant assets, fees could easily run to €40,000. For some reason, people can become fixated on what they spend, instead of looking at what they can achieve.

A person looks at their current situation of living off maybe €12,000 a year in an unhappy house, with no independence, no real ability to make their own decisions, no ability to travel, and living at the behest of another person. They are then faced with a different future which may involve a difficult period, admittedly, because divorce is not easy, but which may also involve a very healthy income, freedom, and independence. On a purely financial perspective, which is only one factor, spending €40,000 to acquire a yearly income of €35,000 for potentially 20 or 25 years seems a very good investment.

That point is often missed.

It is also worth saying that in this type of factual scenario, many solicitors in Ireland do not require the full fees to be paid in advance before any work is done. Often, they are paid at the end of the case from whatever funds are ultimately received. Obviously, that depends on the solicitor and the case, but the fear people have about legal fees is often greater than the reality once they actually get proper advice.

Why People Stay and What to Do Next

In my experience, in Ireland, especially because of the persisting stigma surrounding divorce, it takes a lot for a spouse to start the process. There are understandable reasons for that. Fear of the unknown, fear of conflict, fear of cost, fear of what life might look like afterwards. There is also sometimes the psychological toll of having lived in this type of relationship for a long time. People can become worn down. They can begin to think that their current life, even if deeply unhappy, is at least familiar and manageable.

That is why some people waste 10, 20, or even 30 years in marriages that are effectively over.

Very often, the fear is greater than the reality. Once they sit down with an experienced family law solicitor and are told what proper provision might actually look like in their case, they realise that they are not nearly as trapped as they thought. They may in fact have a path to a very different future, one involving financial security, independence, and peace of mind.

That does not make the process easy. Divorce is rarely easy. But it does mean that the picture is often far less bleak than people imagine.

If you are a stay-at-home spouse and are worried about your financial security in the context of divorce in Ireland, the first step is simply to find out where you stand. A good family law solicitor should be able to give you a clear view of your position and a roadmap. From there, it is up to you whether you want to face your fears and take the next step.

What Divorce Really Looks Like in Ireland

Jeremy Ring — Thu, 19 Feb 2026 16:49:56 +0000

Public understanding of divorce in Ireland often comes from personal accounts rather than legal explanations. The Divorce Diaries series in the Irish Independent gives detailed descriptions of how separation plays out in real families.

From a solicitor’s perspective, these accounts follow familiar patterns. Many of the most difficult aspects of divorce do not arise from the law itself. They arise from delay, informal arrangements, and assumptions about how outcomes will be decided. Irish divorce law provides a structured way to deal with housing, children, and finances. When that structure is applied early, many disputes never escalate.

This article looks at situations described in those stories and explains how Irish divorce law deals with them in practice, and how earlier legal guidance could often have changed the course of events.

Pressure to sell the family home

One Divorce Diaries account describes a spouse pushing for an early sale of the family home after separation, while the other parent remained there with teenage children. The threat of a forced sale became the central point of conflict.

In Irish divorce cases, one party’s demand to sell does not determine the outcome. Where children live in the home, the court focuses on their housing needs, schooling, and day-to-day care. A sale is frequently postponed where moving would disrupt dependent children and there is no realistic alternative. Orders may include a deferred sale, adjustment of ownership shares, or a right to remain in the property for a defined period.

This is a dispute that is often resolved quickly once legal advice is taken. When both parties understand that an immediate sale is rarely ordered where children are still dependent, pressure tactics tend to fall away and discussions become more practical.

Conflict after becoming parents

Another account describes a relationship that deteriorated after the birth of a child, with ongoing arguments and failed communication before separation.

Once children are involved, Irish family law looks forward rather than backward. The court considers where the child will live, how time is shared, how decisions are made, and how financial support is provided. It is not assessing fault or allocating blame for the breakdown of the relationship.

When parents seek advice only after conflict has hardened, positions are often entrenched. Earlier guidance can help separate parenting arrangements from relationship grievances and put basic structures in place around schedules, expenses, and communication before matters escalate.

Volatile relationships and children’s exposure to tension

One story describes a volatile home where a parent later realised the children were more affected by the tension than expected.

Irish courts treat sustained parental conflict as a welfare issue. The focus is on how the child experiences the environment. Where conflict is high, the court may impose clearer parenting arrangements, structured handovers, or limits on direct interaction between parents to reduce exposure to tension.

Interim legal arrangements at an earlier stage can reduce the time children spend living with unresolved conflict. Temporary agreements on living and contact arrangements can be put in place before situations reach crisis point.

Shame, privacy, and delay

Several Divorce Diaries contributors describe delaying action because of shame or concern about how separation would be perceived, sometimes for years.

Delay often creates legal and financial difficulty. Informal arrangements are made without records or advice. One party may move out, give up control of finances, or rely on verbal understandings that later prove hard to unwind. Over time, expectations diverge.

Speaking to a solicitor does not commit anyone to court proceedings. It provides clarity on rights, obligations, and likely outcomes. That clarity often prevents informal arrangements from becoming entrenched disputes.

Discovery of infidelity and reactive decisions

One account describes the discovery of infidelity followed by an immediate move toward separation driven by shock and anger.

Irish divorce law does not base financial outcomes on fault. Matters such as property division, maintenance, and pensions are assessed by reference to need, resources, and overall fairness. Decisions taken in anger, such as leaving the home abruptly, cutting off access to funds, or making unilateral decisions about children, often complicate matters rather than improve a legal position.

Early advice at this stage is usually focused on stabilisation. Maintaining housing and financial arrangements, documenting assets and income, and planning next steps based on likely legal outcomes can prevent avoidable problems.

Cost and contested proceedings

One published account describes a fully contested divorce that resulted in very high legal costs after prolonged court involvement.

Costs tend to increase where cases involve repeated applications and multiple hearings. This is often linked to unrealistic expectations about what a court will ultimately order. Where both parties receive clear advice on probable outcomes, matters are more likely to resolve earlier.

From a solicitor’s perspective, early assessment of the case and timely exchange of financial information are among the most effective ways to keep costs proportionate.

Relief after resolution

Some contributors describe a strong sense of relief once the divorce was final, despite a difficult process.

In legal terms, divorce is a mechanism for resolving property, income, pensions, and parenting arrangements so that each person can move forward separately. The process is serious, but it is practical. Much of the strain described in personal accounts arises from uncertainty and unmanaged conflict rather than from the legal framework itself.

Public narrative versus legal reality

Commentary on divorce often presents it as chaotic or financially destructive. Individual cases can be challenging, but Irish courts apply consistent principles based on fair provision, dependent needs, and available resources.

Outcomes are driven by evidence and circumstances, not by public debate or media narratives. Early legal advice helps replace assumption with a realistic understanding of how a case is likely to be approached.

What these Divorce stories show in practice

Across the accounts, the same issues recur. Advice is sought late. Early decisions are made informally. Fear and anger shape initial actions. Legal structure arrives only after positions have hardened.

Irish divorce law provides tools to deal with housing, children, and finances in an orderly way. Those tools are most effective when used early.

The Divorce solicitor’s role

From a family law solicitor’s perspective, the first task is to outline the likely legal approach to housing, parenting arrangements, support, assets, and pensions. That allows decisions to be made with a clear understanding of the terrain and reduces avoidable disputes.

At The Family Practice, the emphasis is on early clarity, documented arrangements, and realistic settlement positions. Many of the difficulties described in personal divorce accounts can be reduced when the legal framework is applied at the outset.

If you are facing divorce and want to understand how Irish law would apply to your circumstances, early advice can help prevent unnecessary conflict and cost. You can contact us to discuss your situation in confidence.

Why So Many Divorcing Couples in Ireland Feel Stuck in the Family Home

Jeremy Ring — Mon, 26 Jan 2026 17:06:48 +0000

A solicitor’s perspective

Recent coverage in the Irish Independent highlights a reality we see every week in practice. In particular, a recent Irish Independent article examining why so many separating couples remain tied to the family home reflects many of the legal and financial difficulties we regularly encounter.

Separation often does not mean separation in any practical sense. For many couples, the family home becomes the place where everything stalls.

From the outside, it can look like a simple question. Who gets the house? In reality, it is rarely that straightforward. Legal rights, children’s needs, mortgage terms, and bank consent all collide, often leaving both parties feeling trapped for years.

The family home is not decided by fairness alone in a divorce

One of the most common misunderstandings we encounter is the idea that ownership of the house follows the deeds or who paid the mortgage. Under Irish family law, the family home is treated as a shared marital asset, even where one party bought it before the relationship or where the mortgage is in one name.

That does not mean the outcome is always a fifty-fifty split. The court looks at the overall circumstances, including contributions during the marriage, future earning capacity, and above all the welfare of dependent children. What matters legally is not who feels entitled, but what arrangement is workable and just overall.

Children often anchor the outcome in a divorce

Where there are children, particularly school-age children, the court is slow to disrupt their living arrangements unless there is no alternative. In practical terms, this often means one parent remains in the family home for a defined period, sometimes until the youngest child finishes full-time education.

From a legal perspective, this can be sensible. From a human perspective, it can feel like life is on hold. One party may remain tied to a mortgage they no longer benefit from. The other may be living in a home they cannot truly afford on their own.

A lot depends on the amount of equity that is in the family home. If there is limited equity, the court may be more inclined to allow one spouse to remain in the home with the children, as that certainty can outweigh the other spouse facing an unstable rental market for several years. Where there is significant equity, which would allow both parties to rehouse if the property were sold, the likelihood of a sale increases. We frequently see clients living in valuable family homes who are advised that those homes will likely have to be sold to fund two future homes, often in less desirable locations. In some cases, that advice alone causes people to pause proceedings because they do not wish to risk that outcome.

A practical example we often see involves one parent remaining in the family home with teenage children, while the other pushes for a sale and division of equity. In some cases, the issue is resolved by offsetting assets rather than selling the house. For example, one spouse may retain the home in exchange for the other retaining a larger share of a pension or other long-term asset. While this can provide immediate housing stability, clients are often advised that they are giving up significant future value in order to secure certainty now.

Even where both parties agree to such a trade-off, the bank remains a gatekeeper. The spouse staying in the home must still satisfy lending criteria in their sole name. We regularly see situations where a person has been paying the mortgage alone for years, yet cannot secure bank approval until additional income certainty is provided. When approval is eventually granted, the sense of relief can be profound, but it usually comes after prolonged uncertainty and careful financial planning.

A court order does not override the bank

Another critical point, often misunderstood, is that a court order cannot force a bank to remove someone from a mortgage. Even where a separation or divorce agreement provides that one spouse will take over the home, the bank must still consent.

In effect, the spouse staying in the home must qualify for the mortgage alone. If they do not meet lending criteria, the agreement may be legally sound but practically impossible to implement. This is where many couples find themselves stuck, sometimes for years, despite having done everything right on paper.

Joint and several liability is the hidden trap

Where both parties remain on the mortgage, they are each liable for the full amount, not a share. Missed payments affect both credit records. Future borrowing can be blocked. New relationships and plans to buy again are often delayed indefinitely.

We regularly advise clients not to make informal arrangements based on goodwill or verbal promises. Paying money to an ex-partner in the belief that it buys out an interest in the home is one of the riskiest steps a person can take without proper legal and financial advice.

Why selling is often resisted, even when it makes sense

In theory, selling the house and dividing the proceeds offers a clean break. In practice, rising rents, limited supply, and affordability issues mean that selling can push one or both parties into an unstable rental situation.

Many clients tell us they know a sale may be inevitable, but fear they will never be able to buy again. That fear is often justified. Once you factor in single income, maintenance obligations, and childcare costs, mortgage approval can become very difficult.

What separating couples should understand early

From a solicitor’s standpoint, the most damaging situations arise when expectations are allowed to drift too far from reality. Early advice matters, not to inflame conflict, but to ground decisions in what is legally and financially possible.

Before agreeing to keep the house, sign it over, or delay a sale, couples should understand:

A court order does not bind the bank
Mortgage liability continues until the loan is formally restructured or discharged
Short-term compromises can lock people into long-term financial exposure
Children’s needs are central, but they do not eliminate financial limits

Moving forward without making things worse

There is rarely a perfect outcome. The aim, legally, is not to reward or punish either party, but to reach a settlement that is workable, stable, and least damaging over time.

Living in limbo is often worse than facing hard decisions early. While emotions understandably run high around the family home, decisions made in the heat of separation can shape financial reality for a decade or more.

From our perspective, the most important step is informed decision-making. Understanding the legal framework, the bank’s role, and the long-term consequences gives separating couples the best chance of moving on, even when letting go of the family home feels like the hardest step of all.

If you are separating and concerned about what happens to the family home, getting clear advice early can prevent years of uncertainty. The Family Practice advises clients on the legal and practical realities of separation and divorce, with a focus on workable outcomes and long-term stability.

The Tax Implications of Divorce in Ireland

Jeremy Ring — Wed, 03 Dec 2025 16:41:21 +0000

Divorce brings emotional and financial challenges, but one area that often catches people off guard is tax. Ireland has a number of tax rules that apply differently once a couple separates or divorces, especially around property, maintenance, stamp duty, and asset transfers.

One thing that may surprise you is that divorce solicitors, by and large, have no expertise on tax laws, any more than the normal citizen. So we are aware from experience of problems that arise in cases we have dealt with, but our advice is always to contact your tax advisor/accountant, as they are the experts. However, that being said, below is a practical guide covering the key tax issues that arise in Irish divorces, including several areas that people commonly misunderstand. When in doubt about these issues, speak to an accountant.

1. Capital Gains Tax (CGT) on Property After Divorce

This is one of the biggest tax surprises for separating couples.

Your main home is usually exempt – the second property is not

Under Irish tax law, Principal Private Residence (PPR) Relief exempts your main home from CGT when it is sold or transferred.

But the relief applies only to the property that was genuinely your primary residence.

Where people get caught out:
If a couple owns a second property (holiday home, investment property, rental unit), that property does not qualify for PPR relief.
So when it is transferred or sold as part of a divorce settlement, CGT can arise.

Example:

Main family home: No CGT
Rental apartment transferred to one spouse: CGT may apply

CGT is charged on the gain, not the total value.
But because many Irish properties have risen substantially in value over the years, the tax bill can still be significant.

Key takeaway:

Many people assume “it’s a divorce, so no CGT applies.”
This is wrong.
CGT can apply to anything that is not a principal private residence.

2. Maintenance Payments: Taxable vs Non-Taxable

There is a lot of confusion about how maintenance is treated for tax purposes in Ireland.

Child Maintenance – Always Tax-Free

The payer does not get tax relief
The recipient does not pay tax

This applies regardless of whether the payments are voluntary, court-ordered, or part of a separation agreement.

Spousal Maintenance – Taxable

This one catches many people off guard.

If maintenance is paid to a spouse:

It is taxable for the recipient
The payer may be able to claim tax relief

This happens under the “single assessment” system, where both parties are effectively taxed as if married for the purpose of the maintenance deduction.

Why this matters

A spouse receiving €3,000 per month is not receiving €3,000 net.
Their true monthly income is lower once tax is factored in — which can affect affordability, housing, and budgeting. Also some people have incorrectly claimed tax relief on child maintenance and face a problem when the Revenue discover this.

3. Stamp Duty and “First-Time Buyer” Status After Divorce

Divorce can affect whether someone qualifies as a first-time buyer, especially if:

One spouse keeps the family home
The other spouse buys a new home after separation

Key rules

If you previously owned a property with your ex-spouse, you generally lose first-time buyer status, even if you no longer own that property after divorce.
Retaining first-time buyer relief is only possible in certain circumstances.

There are circumstances where an eligible homebuyer can qualify under the “Fresh Start” principle for certain schemes and lending criteria, which effectively gives them a status similar to a first-time buyer.

The key circumstances under which you can be eligible are:

Fresh Start Principle Eligibility

This principle is recognized for schemes like the Local Authority Home Loan and the First Home Scheme (FHS), and is also often applied by commercial lenders for the purposes of the Central Bank’s loan-to-income (LTI) limits (allowing you to potentially borrow up to 4 times your income, like a first-time buyer).

You are generally considered eligible under Fresh Start if you meet all of the following criteria:

Relationship Status: Your marriage or civil partnership has been legally dissolved (divorce) or ended (judicial separation, separation agreement, or other legal process).
Divested Interest: You have sold or divested yourself of all legal and beneficial interest in the previous family home or any other dwelling purchased during that relationship. This means you must not retain any ownership rights, often confirmed by a solicitor’s letter.
First Property Since Separation: The property you are now purchasing will be your first residential property purchased since the end of the previous relationship.

Note: For schemes like the Local Authority Home Loan, a Court Order or a separation agreement confirming the legal end of the relationship is usually required, and the property you are purchasing must be your principal private residence (PPR).

Exception: Help to Buy (HTB) Scheme

It is very important to note that the Help to Buy (HTB) incentive has a stricter definition and generally does not apply the Fresh Start principle for separated or divorced individuals.

HTB Definition: For the purposes of the Help to Buy scheme, you must never have previously purchased or built a dwelling (either individually or jointly) to be eligible. If you owned a property with your former spouse/partner, you will generally not qualify for the HTB incentive, even if you have since divested your interest

Why this matters

Someone who assumed they’d qualify for first-time buyer relief may or may not suddenly face thousands in extra stamp duty when trying to purchase a new home after divorce.

4. Transfers Between Spouses After Divorce: Are They Taxable?

During marriage and civil partnership, transfers between spouses are usually exempt from:

Capital Gains Tax
Stamp duty
CAT (gift/inheritance tax)

But what happens after separation or divorce?

If transfers happen under a court order or formal separation agreement:

They are usually still exempt from CGT, stamp duty, and CAT.

If transfers happen informally or outside an agreement:

Tax may apply.

This is a key point many people overlook,
The tax exemptions do not automatically apply just because you are separating.
The transfer must be part of:

A court order
A properly executed separation agreement
A formal divorce agreement

Without this, Revenue can treat the transfer as a taxable gift or disposal.

5. Custody Arrangements and Tax Credits

Parents may qualify for different tax credits depending on:

Who the child lives with most of the time
Who pays child maintenance
Whether custody is shared

Key points:

Single Person Child Carer Credit (SPCCC) may apply to the primary carer.
It cannot be split between parents unless transferred by agreement.
Paying child maintenance does not entitle someone to extra tax credits.

6. Pension Adjustment Orders (PAOs) and Tax

Pensions often represent one of the largest assets in a divorce, and PAOs require careful handling.

Important points:

A PAO does not create a tax bill at the time of the order.
Tax applies only when benefits are actually drawn down.
The receiving spouse becomes responsible for tax on their portion when it’s eventually paid out.

7. Investment Assets, Shares, and Business Interests

These can create complex tax consequences during divorce.

Examples of issues that may require specialist tax advice:

CGT on share transfers
Valuation of private companies
Tax treatment of investment portfolios
Dividends arising during the separation period
Transfers involving foreign assets

Conclusion

Tax is one of the most commonly misunderstood parts of divorce in Ireland. Missteps can lead to unexpected tax bills, incorrect maintenance expectations, or costly errors in property division.

For high-value or multi-property cases, legal and tax planning should work together from the beginning.

If you’re separating or considering divorce, professional guidance can help you avoid these pitfalls and ensure a clear, fair financial settlement. If you need a family law solicitor, consider The Family Practice.

Contact Us for Expert Family Law Advice

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Jeremy Ring

Jeremy Ring is a senior family law solicitor and co-founder of The Family Practice in Dublin.

Over his 15-year career, he has advised clients in divorce and separation cases involving combined assets exceeding €10 million, including business valuations, pensions, and inherited property.

The post The Tax Implications of Divorce in Ireland appeared first on The Family Practice.

Are High Net Worth Divorce Cases Really Surging?

Jeremy Ring — Mon, 20 Oct 2025 13:58:01 +0000

Recent reports have suggested a sharp rise in high net worth divorce cases in Ireland, with some headlines claiming a “35% increase” before the High Court in 2023. But as with general divorce rates, it’s worth looking behind the numbers to understand what’s actually happening.

At first glance, the figures appear striking. In 2019, there were 46 applications for divorce or judicial separation before the High Court. In 2023, that number rose to 91, an increase of 35.5%.

On the surface, that looks dramatic. But in real terms, we’re talking about an additional 45 cases over a four-year period. In a country of more than five million people, that’s hardly a seismic shift in the marital landscape.

What These Numbers Really Reflect

The High Court only deals with a very specific subset of divorce cases, those involving total asset values of over €3 million. The overwhelming majority of divorces in Ireland continue to be handled in the Circuit Court. So, while the 35% increase may be numerically accurate, it applies to a very small group and shouldn’t be mistaken for a wider societal trend.

There are also practical reasons why more high-value cases are reaching the High Court. Increased property values, particularly in Dublin, have pushed more families above the €3 million threshold. Many of these “high net worth” cases would not have qualified as such a decade ago.

What Is a High Net Worth Divorce?

A high net worth divorce involves the dissolution of a marriage where one or both spouses hold significant financial assets. This can include multiple properties, business interests, shareholdings, pensions, and investment portfolios. Because these assets are often complex and intertwined, the process tends to require greater financial and legal scrutiny. Forensic accountants, tax advisors, and independent valuers are often called upon to ensure that all assets are fully disclosed and properly valued before a fair settlement is reached.

Economic Factors at Play

Other contributing factors include delayed proceedings during the pandemic years, as well as a growing awareness among separating couples of their legal rights in relation to pensions, shareholdings, and business assets. In other words, part of the increase may be due to pent-up demand and better financial literacy, rather than a sudden rise in marital breakdown among the wealthy.

The Bigger Picture

When viewed alongside the national divorce data, the pattern is consistent: overall marital breakdowns in Ireland have stabilised since 2021. What’s changing is not the rate of relationship breakdown, but the type of cases being brought forward and the complexity of those cases as family finances become more layered.

High net worth divorces are naturally more involved, often requiring input from financial experts, forensic accountants, and tax advisors. But they are still governed by the same core legal principle as every other divorce: proper provision, meaning fairness and reasonableness in light of both parties’ needs and contributions.

Conclusion

So, while there has been an uptick in high-value divorce applications, the context matters. It reflects evolving wealth profiles and practical post-pandemic adjustments rather than a social trend of rising divorce among the affluent.

If you are navigating a separation involving substantial assets, our family law solicitors at The Family Practice can help you reach a fair, well-structured outcome. Contact us here to arrange a confidential consultation.

Contact Us for Expert Family Law Advice

If you are in need of a Family Law Solicitor in Dublin in a divorce where there are assets involved, please contact us at The Family Practice.

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Jeremy Ring

Jeremy Ring is a senior family law solicitor and co-founder of The Family Practice in Dublin.

Over his 15-year career, he has advised clients in divorce and separation cases involving combined assets exceeding €10 million, including business valuations, pensions, and inherited property.

The post Are High Net Worth Divorce Cases Really Surging? appeared first on The Family Practice.

High Net Worth Divorce in Ireland: Lessons from a Decade in Court

Jeremy Ring — Fri, 26 Sep 2025 14:28:44 +0000

What Three Judgments Reveal About Divorce, Wealth, and Proper Provision in Ireland:

When high-net-worth couples separate, the legal journey can be long, complex, and emotionally draining. Few cases illustrate this better than a family law saga that spanned over a decade and resulted in three major judgments: a judicial separation in 2005, a divorce ruling in 2012, and a Court of Appeal decision in 2016.

Together, these judgments offer valuable insights into how Irish courts approach “proper provision” — the cornerstone of financial arrangements in divorce — especially when significant inherited wealth is involved.

The Background: A Marriage, a Manor, and Millions

The couple married in 1987 and had four children. The husband was heir to a vast estate, including a manor house and a tourist business. The wife, a qualified solicitor, gave up her career to raise the children and support the family.

By the early 2000s, the marriage had broken down, culminating in a separation in 2003. Judge O’Higgins noted that the husband’s behaviour was not ideal — he moved his new partner into the family home when his wife and children went on holidays — but this behaviour was not taken into account in the financial rulings.

What followed was a legal marathon: judicial separation proceedings in 2004–2005, divorce proceedings in 2007–2012, and appeals that concluded in 2016. The case involved complex valuations, allegations of hidden trusts, and disputes over maintenance, costs, and the family home.

2005: Judicial Separation and the First Financial Orders

In the first judgment, Mr. Justice O’Higgins awarded the wife:

A lump sum of €3.3 million to purchase a new home
€240,000 per annum in maintenance (net of tax)
€20,000 per child per annum
Payment of school fees and legal costs exceeding €600,000

The court valued the husband’s net assets at €24 million, mostly inherited. Crucially, the judge rejected the idea that the wife was entitled to one-third of the assets, noting that the estate was inherited and such a division would risk destroying the income-generating business.

Instead, the court focused on maintaining the wife’s standard of living and ensuring the children’s needs were met. The wife was required to leave the manor house, which the husband retained, and purchase a new home with the lump sum.

2012: Divorce and the Fallout of Financial Mismanagement

By the time the divorce proceedings reached the High Court in 2012, the financial landscape had changed dramatically.

The wife had spent the €3.3 million lump sum on a country house costing €5.1 million, plus €1 million in renovations.
She borrowed heavily and failed to file tax returns on her maintenance income, believing it was tax-free.
The house was eventually sold for just €670,000, leaving her with debts exceeding €5 million, including liabilities to the Bank of Ireland and Revenue Commissioners.

Mr. Justice Abbott faced a dilemma: should the court make further provision for the wife, knowing that her financial difficulties stemmed from poor decisions?

His answer was no. The court ruled that:

The original provision in 2005 was adequate
The wife’s debts were not the husband’s responsibility
Maintenance would be reduced to €50,000 per annum, plus rent of €36,000

The judge emphasised that the wife’s financial mismanagement could not justify further capital provision. Selling more of the husband’s assets to cover her debts would destabilise the business and harm both parties.

2016: The Court of Appeal

The wife appealed the 2012 decision, arguing that the High Court had failed to make proper provision. The husband cross-appealed, challenging the High Court’s decision to make the divorce decree conditional on payment of legal costs.

Mr. Justice Hogan, delivering the Court of Appeal judgment, upheld the High Court’s substantive findings:

The €3.3 million lump sum and generous maintenance constituted proper provision
The wife’s financial losses were due to improvident investment, not inadequate provision
The maintenance order of €50,000 was appropriate, given the husband’s income and the wife’s continued dependency

However, the Court of Appeal found that the High Court had no jurisdiction to make the divorce decree conditional on payment of legal costs. While the costs were significant and relevant to proper provision, they could not be used to delay or block the decree itself.

Key Legal Takeaways for High Net Worth Divorce Cases

Inherited Wealth Is Treated Differently
Inherited assets are not treated the same as jointly acquired marital assets. Courts may protect inherited wealth, especially when it supports a business or family estate.
Proper Provision Is Not Wealth Redistribution
The aim is to ensure both spouses can maintain a reasonable standard of living post-divorce — not to equalise wealth.
Maintenance Can Be Adjusted Over Time
Maintenance was initially €240,000 per annum, later reduced to €50,000, showing that courts adapt to financial realities.
Legal Costs Are a Major Factor
The wife’s legal costs exceeded €1.8 million. Courts may consider these, but cannot make divorce conditional on cost payments.
Trusts and Settlements Must Be Properly Drafted
The wife’s claim of a trust settlement failed because the documents were vague and ineffective.

Conclusion: Planning Matters More Than Emotion

This case is a cautionary tale for high-net-worth individuals navigating separation or divorce. It shows that Irish courts take a pragmatic, evidence-based approach to financial provision — and that poor financial decisions or vague claims will not sway the outcome.

If you are considering separation or divorce, especially where significant assets are involved, early legal advice and financial planning are essential.

At The Family Practice Solicitors, we specialise in guiding high net worth clients through complex family law cases with clarity, discretion, and strategic insight.

Contact Us for Expert Family Law Advice

If you are in need of a Family Law Solicitor in Dublin in a divorce where there are assets involved, please contact us at The Family Practice.

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Jeremy Ring

Jeremy Ring is a senior family law solicitor and co-founder of The Family Practice in Dublin.

Over his 15-year career, he has advised clients in divorce and separation cases involving combined assets exceeding €10 million, including business valuations, pensions, and inherited property.

The post High Net Worth Divorce in Ireland: Lessons from a Decade in Court appeared first on The Family Practice.

Financial Settlements in Divorce in Ireland

Jeremy Ring — Fri, 05 Sep 2025 15:18:12 +0000

Understanding the Legal Reality of Divorce in Ireland

When we work at anything for a long time, we have a tendency to use jargon or assume knowledge on the part of others who do not share our experience or knowledge. This can be true in the medical profession and undoubtedly in the legal business. So, it always shocks me when someone asks me, “Do we have to go to court?” in the context of a divorce. In my head, the answer is blindingly obvious that the answer is yes.

Whether your assets are modest or substantial, understanding how divorce works financially in Ireland is essential to protecting your future. I consider the question of whether people understood the vows that they were taking at the altar and what the legal ramifications of being married are ie “for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish; from this day forward until death do us part”. It was from that day forward a commitment to pool your resources until your death. Hence, there is a consequence of a legal right share of a spouse upon the other spouse’s death, ie, ½ or 1/3 (depending on the existence of children). So a multi-billionaire dies a day after the marriage, half his assets are now belonging to his/her spouse, regardless of any will or pre-nuptial agreement. So, to extinguish all the rights that arise from marriage requires a court to dissolve the marriage. Apart from access to the children of the marriage, the financial settlements and orders are the bulk of the work involved in a divorce. These financial settlements, it is hoped, provide a fair division of assets, prevent future claims, and give both parties financial certainty into the future.

What Are Financial Settlements in Divorce?

A Financial settlement in divorce is essentially any court order that deals with property, money in bank accounts, pensions, business’s and existing debts. Again, just to be clear, a Court Order from a judge is binding on whoever receives it and is clear and unequivocal. It means that when there is an order, there is finality. There is no more choices or discretion. There is no automatic 50/50 split in Ireland. The court’s aim is fairness, not equality.

So, for example, a judge issues a warrant to An Garda Síochána to arrest a certain person and bring him before the court. Any Garda who sees this person must arrest this person. They don’t have the discretion to say that the Defendant has to bring the children to school right now, and it’s not convenient. They must obey the order. In the same way, if a financial order says Spouse A should pay Spouse B €60,000, then there is a default that if they do not pay this money, then they will be brought before the judge who has the power to hold the person in contempt in Prison for failing to comply with an order. All these orders are serious and should in my view be agreed to only with expert legal advice.

The Process: Identifying and Valuing Marital Assets

Step 1: The Affidavit of Means

Before any Financial Orders are made, the first step is to identify the marital assets. This is achieved by both parties swearing an affidavit of means, which sets out the assets/liabilities/income/expenditure of each person. It doesn’t matter where the assets or income are located, Timbuktu or Tubercurry. There is the concept of marital and non-marital assets. The bottom line is that the time to make this consideration is at the hearing of the case or at settlement. Yes, there is a fair argument to say that an inherited house I received before my marriage and which a spouse has never resided in is not a marital asset, but this is an argument to be made. Everything is included in the “family’s pot and argued later. It is beyond the scope of this article to say whether inheritances like this are not to be included or whether in the “proper provision” test of fairness, they can be included.

Step 2: The Vouching Process

The next step is the vouching process. This means that one has to supply documentation to evidence everything that you have said in your affidavit of means. So if you have a pension with Irish Life, one needs to just obtain an updated benefit statement. Same with bank accounts. It is often through analysis of these bank statements that other accounts can be identified and/or other sources of income. This can lead to some difficult questions for certain persons when they are being cross-examined in court. Courts have the power to direct what comes before them to the DPP. Equally, if there are large cash components in a person’s income, a judge could refer the matter to the Revenue. The key point people often forget is that a spouse usually is intimately au fait with the other person’s finances in some respect, and the legal teams do take their advice from their clients. In higher value cases, forensic accountants can be employed to value businesses and to analyse the finances of a party to identify any discrepancies. In all cases, property is valued by each party’s Auctioneer, and if not agreed, the respective auctioneers may give evidence. On the flip side of this coin, all mortgage statements, loans, and credit cards are also vouched to provide the court with an accurate picture of the financial position of the couple.

Types of Financial Orders Available

So what financial orders can a court make? Without being exhaustive, there are property adjustment orders ie, transfer/sale of a property. This is fairly simple if there is no mortgage involved ie House A to be sold and the proceeds divided 60%/40% in favour of Spouse A. Different situations require more tailored orders. Spouse A to buy out Spouse B’s interest for the sum of €200,000 within 6 months of the date of this order. In default of this, the house is to be sold with x auctioneer and the proceeds divided 50/50. No two cases are the same, which is why tailored legal advice is so important.

Property Adjustment Orders

Each case is different. This may seem contrary to what I said previously, but a court cannot order a bank to allow you to take over a mortgage. It’s unenforceable. In standard normal cases where there may be one main marital asset, ie, the family home, the first rule of fight club is “go to a financial advisor” and find out if the bank will allow you to take over the mortgage and allow your spouse to be removed from the mortgage. You will need this writing. There is no point in settling a case that one spouse can take over the mortgage if there is no reality to this. It rarely costs anything, but clients are often reluctant to obtain this advice and face the cold reality.

Lump Sum Orders and Maintenance

Other orders are lump sum orders. For example, Spouse A to pay Spouse B €60,000 within 6 weeks. This may be to equalise a position of another party holding on to another property or pension. There can be spousal maintenance or maintenance for the children for a period of time. Spousal maintenance is less common and a key point to remember is that it is taxable and is not for a defined period of time, whereas maintenance for children is not taxable and is only until a child attains the age of 18 or 23 if still in full-time education. Maintenance for the children is, of course, linked to where the children reside for the majority of the time.

Pension Adjustment Orders

Pension Adjustment Orders are orders that compel a pension provider to amend the eventual payment of a pension in certain percentages. For example, one spouse has accumulated a huge pension pot as a civil servant, whereas the other spouse has no pension pot; the pensions could be equalised so that Spouse B will receive 50% of the pension for the amount accumulated during the course of the marriage, ie, not before the marriage and not after the divorce. These orders are quite complex and an actuary is almost always employed to give effect to these orders.

How Courts Decide on Financial Settlements in Divorce

I have discussed it in many other articles as to what the court considers when it decides to make orders relating to finances. Obviously, the court is primarily concerned with what is a proper provision for both spouses going forward, taking into account the needs of the children. The main factors are Income and earning capacity of the spouses, the length of the marriage, the age and health of each spouse, the standard of living during the marriage, and the contributions made by each spouse (including Childcare and homemaking).

High Net Worth Divorces in Ireland

They are rare in Ireland, but there are High net worth divorces. But what makes them different? Firstly, they are heard in the High Court of Ireland when the assets of the couple exceed 3 million. Because of this, they are usually more complex as there are often more complex valuations involved. There are businesses, farms, Overseas assets, trusts, cryptocurrency, and art involved, and these all have to be valued. Private business valuation is a subject that requires its own article, as it is quite a subjective view, but in general, Forensic accountants are engaged for this purpose. In addition, more professionals are utilised, such as actuaries, valuers. Also in the High Court the most esteemed barristers are used in the High Court called Senior Counsel. As you can imagine, all the people make these high-net-worth divorces very expensive.

High net worth divorces tend to be more expensive and take longer to resolve, but with the right team in place, they can still be managed efficiently and with discretion.

The Benefits of Settlement vs Court Proceedings

As with all family law cases, though, there can be big savings in legal costs where a case is settled ie agreed before a court hearing is required. This can be up to a 30% saving, so there is a huge incentive to settle a case. There is a misunderstanding that once proceedings are issued, there can be no agreement after that. This is the opposite of the truth. In virtually all cases, an attempt is made by both legal teams to meet and agree a settlement. All parties know that this is advantageous for a myriad of reasons. It usually means both parties come away not really happy with the outcome, which some people suggest is a sign of a good and fair settlement.

Getting Expert Legal Advice

People need to remember that a good financial settlement in Ireland provides you with security and clarity. To obtain this good settlement, it is vital to obtain expert legal advice from a good family law solicitor, which will make the process smoother and protect your long-term interests. The right legal advice will ensure your settlement is fair, comprehensive, and tailored to your needs. At The Family Practice, we specialise in divorce cases where assets are involved, guiding clients through the process with clarity, strategy, and care.

Contact Us for Expert Family Law Advice

If you are in need of a Family Law Solicitor in Dublin in a divorce where there are assets involved, please contact us at The Family Practice.

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Jeremy Ring

Jeremy Ring is a senior family law solicitor and co-founder of The Family Practice in Dublin.

Over his 15-year career, he has advised clients in divorce and separation cases involving combined assets exceeding €10 million, including business valuations, pensions, and inherited property.

The post Financial Settlements in Divorce in Ireland appeared first on The Family Practice.

Why Divorce Costs So Much in Ireland — A Solicitor’s Honest Take

Jeremy Ring — Thu, 19 Jun 2025 15:25:52 +0000

A response to the Irish Independent’s feature on divorce costs, offering a practitioner’s perspective on fees, delays, and what’s really driving the expense.

The Irish Independent ran a very good feature this week by Édaein O’Connell titled ‘My ex contested the divorce. It ended up costing me €45,000’: the high costs and secret shame of ending a marriage. It’s a powerful piece that honestly captures the emotional and financial toll of divorce in Ireland, featuring real stories from people who’ve been through it, along with expert commentary from Dr Nicole Kapelle, former Minister Josepha Madigan, and solicitor Keith Walsh.

I’m focusing on the costs and delays involved in divorce. There are other factors discussed, but they are beyond my remit and largely a matter for the Dáil. I understand the article is saying that Patricia’s fees are too expensive. I’ll attempt to offer my two cents on whether they are, demystify fees, and potentially offer some solutions.

My Background and Bias

First of all, I preface this article by saying that I come at this from the viewpoint of a solicitor who owns and runs a solicitor’s practice, so necessarily my views are slanted in a certain direction. I will try to see the opposing point of view.

Why Legal Fees Are So High in Ireland

First, legal fees are expensive in Ireland compared to other European countries (not necessarily the USA). There’s a slightly boring but important reason: Ireland is now the only EU country with a common law system. The European model is judge-led and inquisitorial, whereas Ireland’s common law system is adversarial and party-led.

There is significantly more investment in the courts by European countries, and the judge does most of the work. There are many multiples of judges per person in other countries than Ireland. So your taxes pay most of the costs in Europe. In Ireland, it is more like the courts provide a referee (a judge) and a room, and the rest of the costs are borne by the respective parties to the litigation. The idea is that both parties are of equal strength and, like a boxing match, the teams slug it out and the referee calls the winner and ensures a fair fight. In Europe, the judge uses all resources to find the truth.

In Ireland, in a normal litigation case about a business dispute, it may be required to interrogate rooms full of documents – all this expense is paid by the respective litigants. Family law is just another type of litigation, so the same principles apply. If the partner (with no money) of a person with €100 million in assets seeks to divorce their spouse, they’ll be responsible for paying the large legal fees, forensic accountants, etc. The judge won’t step in and say, “You may not have discovered €50m of your partner’s assets, you should do more work”. They simply rule on what’s before them and don’t take the respective power and wealth of the litigants into account.

The Business Reality of Running a Legal Practice

Legal fees are also expensive because we live in a prosperous country. Solicitors’ practices are businesses just like a supermarket or hairdresser and need to be run at a profit. Currently, the demand for solicitors in Ireland, especially in Dublin, is very high. Think of all the multibillion-dollar companies based in Ireland – there are a large number of American, UK, and Irish major solicitor firms located here to cater for these businesses. These firms can pay newly qualified solicitors €70-80k per year. Family law firms are essentially fishing in the same waters for talent.

Solicitors base their costs on the amount of solicitors’ time it takes from the start to the conclusion of the case. In order to pay even a newly qualified solicitor and make a profit, a solicitor’s practice is required to charge a minimum of €250 per hour. Generally, the most basic of divorce cases would take 40 hours of solicitors’ time, so that equates to €10,000 solicitors’ fees. Then there is VAT at 23% and outlays such as postage, meeting room fees, and barristers’ fees, which would range ballpark between €3,000 and €6,000 plus VAT.

As you can see, it is the same as any other business; there is the cost of the goods and a certain profit percentage for the business owner, and this is the price to the consumer. As with specialists in any area of life, such as heart surgeons to hairdressers, those with experience and a reputation for excellence are entitled to charge substantially higher based on demand.

The Transparency Issue

One of the issues raised in the article is that the lady referred to (Patricia) references that she did not know how much the case was going to cost her, and that she ran up a legal bill by asking lots of questions. This is not unusual. It is unfortunate that when people are going through this difficult time in their lives, they are not always focused on diving into long correspondence regarding fees from their solicitors. Instead, they just want to get things moving.

I have no doubt that Patricia received a letter explaining the fees in detail, as every solicitor is obliged to do this, and it is almost a hanging offence not to provide this letter. It could be said that solicitors are not always as up front and transparent about legal fees and sometimes solicitors work on the basis that they work for 3 years (or 7-10 years in Patricia’s friends examples) without being paid and when the case is finished bill the client for what seems an “extortionate” amount of money. Were the client informed at each step of the way how much she owed, then perhaps she may not have spoken to the lawyers quite as much, but equally, most likely the bill would be broadly the same, as she had to deal with each aspect of the case as it arose. For instance, in this case, she couldn’t have simply done some of it herself or not engaged in the appeal. Having a solicitor engaged in any litigation is a serious business.

Legal Costs Are Actually Accountable

While one of the main complaints about legal costs is that they are not transparent and seem to be plucked from the sky, it does not seem to be widely known that legal costs are completely accountable. There is a government institution that is dedicated to adjudicating on whether a person’s legal bill is too large. It is called the Legal Costs Adjudicator.

How this works is that the consumer receives a copy of their file, which contains all the work effected by the legal team during the course of their case. This file is handed to a specific professional called a legal costs accountant, whose job it is to value each and every piece of work performed in a case. While the time put into a case is a factor, there are other factors that also contribute to a fee.

One of these factors is value, for instance, a divorce with €100 million in assets does not attract the same fees as one of smaller value. In addition, if a case is more complex and has unusual or novel areas of law, this would also attract higher rates. While I accept that to the uninitiated, it can seem quite archaic, it could equally be argued that there isn’t a specific state institution in place to adjudicate on, for instance, accountants’ fees.

On Mediation and Its Limitations

Some of the commentary in the article mentions that the required time for seeking a divorce should be shortened and that mediation should be explored more readily. It could be said that in Ireland, the legislature has decided that marriage is a serious institution and should not be entered into or exited out of lightly. Being married carries with it a lot of responsibilities and rights regarding property, maintenance, pensions, succession, etc, etc. Disentangling this institution and these rights is not and is never going to be simple.

Dissolving a business partnership, where people have fallen out, is quite difficult. Where there are even higher emotions and longer relationships and children involved in a marriage, the degree of difficulty is increased tenfold. I would say that this is a generally accepted wisdom, yet it is suggested that mediation is the solution to all the difficulties/expense/ length of time involved in divorce.

Mediation is where someone has no access to legal advice, so they are effectively negotiating blindly and are attempting to agree with someone whom they most likely have very strong negative feelings for. To put it mildly, it is not the solution to all the issues raised. Where there is conflict, sometimes it can be best to have someone to advise and fight for you who is at arm’s length and isn’t clouded by emotions. Ultimately, where emotions are heightened, and people will not move from stubborn positions, they may require someone, ie, a judge, to decide for them.

The Reality of Court Delays

The other focus of the article is that the process takes too long. It is always mentioned that there are court delays. Patricia’s case took more than two years and this is quick, but she references cases that took 7 -10 years. While no system is perfect, and I accept that our current system could be described as archaic, I don’t believe that the delays are that bad in Ireland if the parties are motivated.

For instance, if the parties are motivated and attend to what is asked of them and complete affidavits, provide bank statements quickly, they can have their proceedings completed within six months. Even if matters are contested and a full hearing is required, a hearing date can be provided within 4/5 months of confirmation that the case is ready for hearing. The reality is that it is people themselves who contribute to the delay in completing the process by not attending to what the court requires of them.

Other times, cases have a larger degree of complexity. A court-ordered psychological report may need to be prepared, which can take a number of months. If a person appeals a case, this will necessarily add a long time to the case. I do not agree that cases always take too long. As previously said, it’s not a simple business that can be done without care. In the same way that arguably a marriage costs money, ie, ceremony, honeymoon, etc, hence a divorce should cost money, a marriage takes time to enter into, it will necessarily take some time to be exited.

Final Thoughts

To conclude, while the system we have is not perfect, culturally, we are not going to change overnight and develop a perfect European model. Our legislature would not want to be seen spending billions on changing the system when arguably our health system is far from perfect. The more fundamental issue is the access to justice for certain people in the Divorce sphere. The threshold income for legal aid is quite low and rules out a large cohort of people who effectively have less disposable income than those on social welfare. The main thing that everyone wants is that the process is fair, and that includes both sides in the court process having equality of arms, and both teams having good specialist legal teams is a necessity to achieve this.

Contact Us for Expert Family Law Advice

If you are in need of a Family Law Solicitor in Dublin in a divorce where there are assets involved, please contact us at The Family Practice.

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Jeremy Ring

Jeremy Ring is a senior family law solicitor and co-founder of The Family Practice in Dublin.

Over his 15-year career, he has advised clients in divorce and separation cases involving combined assets exceeding €10 million, including business valuations, pensions, and inherited property.

The post Why Divorce Costs So Much in Ireland — A Solicitor’s Honest Take appeared first on The Family Practice.

LGBT & Same-Sex Divorce in Ireland

Jeremy Ring — Tue, 18 Mar 2025 17:14:05 +0000

Since the historic Marriage Equality Referendum in 2015, same-sex couples in Ireland have enjoyed the legal right to marry. However, as with any relationship, some marriages unfortunately end in separation and divorce. This article outlines the legal framework for LGBT and same-sex divorce in Ireland, the specific considerations that may arise, and hopefully will assist people who are going through this challenging process. As I share my insights on this topic, I will delve into real experiences and offer practical advice, and I hope that I can demystify the process for anyone facing a same-sex divorce in Ireland.

Historical Context of LGBT Rights in Ireland

The journey towards LGBT rights in Ireland has been long and complex. The modern LGBT rights movement began in the 1970s, with groups like the Sexual Liberation Movement emerging. In 1993 homosexuality was decriminalised. This was a significant change, driven by advocacy and the efforts of activists. Then the Civil Partnership Act 2010 provided legal recognition for same-sex couples, although it fell short of full marriage equality. Finally, in May 2015 Ireland became the first country to legalise same-sex marriage by popular vote. This reflected a major shift in societal attitudes. It marked a huge change in the attitudes of Irish people towards LGBT rights in Ireland.

Legal Milestones Leading to Marriage Equality

To be clear there are three current types of recognised LGBT relationships in Ireland. The first is obviously marriage. The Marriage Act 2015 legalised same-sex marriage in Ireland, granting same-sex couples the same rights and responsibilities as heterosexual couples. This includes the ability to file for divorce under similar terms. The grounds for divorce, such as the breakdown of marriage and separation periods, apply equally to same-sex couples. There were Civil Partnerships which were a precursor to same-sex marriages but they were replaced by marriages by the Marriage Act 2015. Finally, there is the relationship of being a qualified cohabitant. This is where two people live together in an intimate and committed relationship for a period of 5 years (2 if children of union). It essentially grants to the financially dependent spouse certain rights similar to a spouse of a marriage when the relationship ends.

Divorce Laws for Same-Sex Couples in Ireland

Following the enactment of the Marriage Act 2015, same-sex marriages are legally recognised in Ireland and are subject to the same divorce laws as heterosexual marriages. This means the core legal requirements and processes are identical regardless of sexual orientation.

Criteria for Obtaining a Divorce

To obtain a divorce in Ireland, couples must satisfy the following criteria:

The spouses must have lived apart for at least two of the previous three years before the application is made
There must be no reasonable prospect of reconciliation
Proper provision must be made for both spouses and any dependent children

While it may seem obvious, a divorce is a divorce no matter who is involved. I have written numerous articles on what to expect from the divorce process etc and all these articles are equally relevant to all marriage breakdown.

Unique Considerations for Same-Sex Couples with Children

While the legal framework is identical, same-sex couples may face unique circumstances that may require different considerations mainly surrounding Children and Parental Rights

These considerations in LGBT relationships which involve additional legal complexities are:

For families with donor-conceived children: Legal parentage may not automatically apply to both spouses
Adoption scenarios: Understanding the legal status of both parents in the adoption process
Surrogacy arrangements: Navigating the complex and evolving legal landscape surrounding surrogacy in Ireland

Foreign Same-Sex Marriages and Partnerships

The only other real way I suppose that the divorce of same-sex couples is different is that some LGBT couples may have entered into civil partnerships or marriages in other jurisdictions before they were legally recognised in Ireland. Understanding how these relationships are treated under Irish law is crucial for divorce proceedings. In addition obviously, because same-sex marriages are so new, there have not been that many same-sex divorces which would provide practitioners with experience in dealing with these types of cases. By contras,t divorce has been around since 1996.

Ending a Civil Partnership in Ireland

While they are relatively rare, civil partnership “divorces” are called dissolutions of the partnership and are effectively the same as divorces of a marriage. The same timelines and rules generally apply and a court is able to make the same orders. In our time in practice, we have only ever had to advise on one such union as there was only a 5 year window when these partnerships were available.

Rights of Qualified Cohabitants Upon Separation

As previously stated, qualified cohabitants are cases that we have advised on a number of occasions and the rights that are involved and protected are not that well known but extremely important. As I have explained what a qualifying cohabitant is, it is important to know what it entitles persons living in these situations. This act is only applicable to persons who establish under the act that they are financially dependent on the other cohabitant. So for instance, where a couple lives and both are earning the same income, then this act does not apply. The question of dependence is determined by a court based on a number of factors. These are:

the financial circumstances, needs, and obligations of each qualified cohabitant.
the rights and entitlements of any spouse or former spouse, of any civil partner or former civil partner.
the rights and entitlements of any dependent child or of any child of a previous relationship of either cohabitant
the duration of the parties’ relationship, the basis on which the parties entered into the relationship and the degree of commitment of the parties to one another.
the contributions that each of the cohabitants made or is likely to make in the foreseeable future to the welfare of the cohabitants or either of them including any contribution made by each of them to the income, earning capacity, or property and financial resources of the other.
any contributions made by either of them in looking after the home.
the effect on the earning capacity of each of the cohabitants of the responsibilities assumed by each of them during the period they lived together as a couple and the degree to which the future earning capacity of a qualified cohabitant is impaired by reason of that qualified cohabitant having relinquished or foregone the opportunity of remunerative activity in order to look after the home,
any physical or mental disability of the qualified cohabitant.
the conduct of each of the cohabitants, if the conduct is such that, in the opinion of the court, it would be unjust to disregard it.

The Court then considers whether to make an order for payment of maintenance or a property adjustment order or a lump sum based on what is “just and equitable”. It is important that this test is different than the test in a divorce case which is “proper provision”. For both parties, it is important that in order to access these rights or monies one has to assert them ie one has to go to court. There is a very tight timeline to assert these rights namely 2 years from when the relationship ends. This time limit and other parts of the act (can a person be a cohabitant if he/she lives with a married person?) would prompt me to say that any person in this situation should receive legal advice. I should say that just because one does not acquire rights under this redress scheme does not mean that one cannot initiate an equity-type case based on your financial contributions to a property.

Social and Emotional Challenges During LGBT Divorce

Despite advancements in LGBT rights, societal attitudes can still pose significant challenges during divorce. Stigma related to sexual orientation often manifests in various ways, including perceived discrimination from some legal professionals or even family members. This can complicate the divorce process, making individuals feel unsupported and isolated. Many LGBT individuals may fear that societal backlash could affect their legal proceedings or custody arrangements. As a result, the emotional toll becomes heavier due to the need to navigate a system that may not fully understand or respect their experiences. These perceptions that are understandable for the LGBT community are in my experience of the courts and legal professionals not accurate. This is a result of the fact that Ireland has become a very progressive and modern country.

Choosing a Solicitor Experienced in LGBT Divorce

While I agree that most legal practitioners will be most receptive to dealing with LGBT divorces, I would suggest that you choose a dedicated Family Law solicitor – especially one who has experience with these types of divorces. At The Family Practice, we have successfully helped several LGBT clients navigate the complexities of divorce in Ireland.

Contact Us for Expert Family Law Advice

If you are in need of a Family Law Solicitor in Dublin in a divorce where there are assets involved, please contact us at The Family Practice.

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Jeremy Ring

Jeremy Ring is a senior family law solicitor and co-founder of The Family Practice in Dublin.

Over his 15-year career, he has advised clients in divorce and separation cases involving combined assets exceeding €10 million, including business valuations, pensions, and inherited property.

The post LGBT & Same-Sex Divorce in Ireland appeared first on The Family Practice.

Case Analysis: €1.6m Divorce Settlement

Jeremy Ring — Mon, 10 Mar 2025 17:46:19 +0000

Woman must pay former husband €1.6m as part of divorce settlement, judge rules

This is not a headline that one reads in the Irish Times every day. Despite the headline, the article very clearly sets out the reasons behind the judgement. As ever, I wanted to look at the source judgment (which is available on the courts website) to see if there are any lessons we can learn.

Understanding the Financial Scope of This Case

While the financial figures in this case are substantial, the legal principles remain the same regardless of the amounts involved. That said, both parties were high earners. The husband has an annual income of approximately €150,000, while the wife previously earned over €1 million per year before, unfortunately, her illness affected her ability to work.

The house that they reside in is worth approximately €2 million and they hold significant pension assets, bringing the total estate above €3 million. Due to the scale of these assets, the case was heard in the High Court.

While the legal framework applies to all divorces, the way cases of this magnitude unfold in practice can be quite different.

Legal Fees in High-Value Divorce Cases

Legal fees in cases of this scale are significantly higher. One reason for this—though not the only one—is the involvement of Senior Counsel (and often Junior Counsel). These barristers are regarded as the most experienced and skilled in their field, and their expertise comes at a considerable cost.

The judgment notes:

“A ‘D v D schedule’ was compiled by the parties’ forensic accountants. There is a considerable measure of agreement between both sides in relation to the value of their respective assets and the combined value.”

As is common in High Court divorce cases, both parties engaged forensic accountants. The D v D report refers to a standardized format used to itemize and assess the value of each party’s assets.

Beyond the costs of forensic accountants (and any additional expert witnesses), legal fees in such cases are significantly higher. Solicitors’ fees, in particular, are greater due to the extensive work involved. A key principle in assessing legal costs is the value of what is at stake, and in cases involving multi-million euro assets, this can be substantial.

This case lasted four days in the High Court, meaning the combined legal costs would have been extremely high—far greater than if the case had been settled at an earlier stage.

Child Custody: A Non-Disputed Issue

One thing to note is that although the couple have two children, the custody, access, and maintenance of the children were not an area of dispute between the couple. The court ordered joint custody of the children with a shared parenting regime, in line with recommendations from the report of X.

The arrangements included flexibility to accommodate the father’s work commitments. The court also emphasised the importance of maintaining relationships between the children and their extended family on both sides. This meant that it was agreed that what is called a S.47 Report, which is an independent report prepared by a psychologist for the court. This involves interviewing the spouses and the parents and making recommendations to the court. The Court rarely deviates from these recommendations. In this case, it was envisaged that wherever the children resided, that the other parent would reside close by so that the children would have equal access to the children.

The Court’s Approach to “Proper Provision”

Effectively, the 50 pages of the judgment were mostly concerned with how the substantial assets of the marriage should be divided. This is where the repeatedly used mantra of “proper provision” was considered in minute detail.

The Judge starts off by setting out the general position:

“Proper provision should seek to reflect the equal partnership of the spouses.

Proper provision for a spouse who falls into the category of a financially dependent spouse (where the other spouse is the source or owner of all or the bulk of income or assets of the marriage) should seek, so far as the circumstances of the case permit, to ensure that the spouse is not only in a position to meet her financial liabilities and obligations, continue with a standard of living commensurate with her standard of living during marriage but to enjoy what may reasonably be regarded as the fruits of the marriage so that she can live an independent life and have security in the control of her own affairs, with a personal dignity that such autonomy confers, without necessarily being dependent on receiving periodic payments for the rest of her life from her husband”

He further says that:

“ If, in their different spheres, each (spouse) contributed equally to the family, then in principle it matters not which of them earned the money and built up the assets. There should be no bias in favour of the money- earner and against the homemaker and the child-carer”.

In addition, he states:

“In cases involving ample resources, it is the standard of living enjoyed by both parties before the breakdown of marriage which should guide the court as to how it should make proper provision having regard to the available assets, income and property.”

Lastly he states:

“The onus on the trial judge in the present case was to consider all of the assets potentially available and then to fashion orders for ancillary relief that would likely secure for the parties and for their lifetime the lifestyle which they enjoyed prior to the marriage breakdown”.

This may surprise some people as essentially it just summarises the law that work within the home is as valuable as the money-making endeavours. Additionally, it is the lifestyle of the high earning couple before the marriage breakdown that guides the judge and essentially, if there is a lesser earning spouse in the marriage, that spouse should be entitled to continue in the lifestyle that they have become accustomed. That is of course limited if the marriage is not of long duration and depends on the availability of assets to future fund this lifestyle.

I have previously discussed the concept of Proper Provision, but Judge Jordan in this case forensically goes through the statutory regime laid down in the legislation. He goes through each factor and discusses what weight he gives each factor in this specific case.

Here is my own attempt to summarize this analysis:

a) Income, Earning Capacity, Property, and Financial Resources: The Wife’s assets are more valuable. Some provision requires to be made for the husband out of the wife’s assets in order that proper provision be made for him. The court estimates the husband’s potential income at €150,000 per annum. The wife’s earning capacity is also considered, including her “exit agreement” with her previous employer. She previously earned over 1 million per year and is younger than her husband so can be expected to be in a position to have a high earning capacity over the next 10-15 years despite having to perhaps work less due to her serious illness
(b) Financial Needs, Obligations, and Responsibilities: Both spouses need separate accommodation and need finances to support their children.
(c) Standard of Living: It is a very comfortable but not extravagant standard of living but there are resources available to allow them both to continue this lifestyle. Some provision will have to be made from wifes assets to husband to allow the continuation of this lifestyle..
(d) Age and Duration of Marriage: Married in 2006, ages are 59 and 50. They continue to live together in the family home.
(e) Physical or Mental Disability: The wife’s history of illness is considered relevant, supporting her desire to reduce work demands.
(f) Contributions to the Welfare of the Family: Both parties made contributions but he assesses that the wife in this case financially paid 80% of the renovation costs to the family home.
(g) Effect on Earning Capacity: The court considered the effects of the spouses’ responsibilities during the marriage on their ability to earn in the future. He states that these responsibilities have had no effect.
(h) Income or Benefits Under Statute: Children’s allowance is paid to the mother.
(i) Conduct: Addressed in detail (see above). The judge ultimately found that the wife had failed to prove the serious allegations which she has made that the husband has been threatening or violent or abusive to her or that she has been in fear of him.
(j) The accommodation needs of either of the spouses: There are resources available to purchase two homes
(k) Loss of Benefits (e.g., Pension): The loss of inheritance rights is more significant for the husband, as the wife has more assets, especially in pensions.
(l) Rights of Other Persons: Not applicable.

It is a good example to a person who is going through a divorce themselves, to first list the family pot of assets and then put themselves in the position of the judge and review the respective spouses position through the lens of the factors listed and assess how a judge would properly provide for both spouses going forward.

When Does Conduct Matter in a Divorce Case?

One of the factors that the judge considered was the conduct of the parties and what weight should be given to it. This is a very important feature to consider in this case as most clients will want to go into minute detail as to their spouse’s conduct during the marriage. In my experience, clients are not very impressed when it is explained that it is not a factor in how the judge will decide the case. Just to explain the position, the idea is that misconduct, if proven, will lead the judge to financially punish the offending party.

The key point though is that the conduct must be “gross and obvious”. It effectively means that you will know it when you see it. It will jump out at you. It is accepted that during the breakdown of a marriage that people will not behave well and that while the court does not condone such “unedifying or shabby behaviour”, it does not rise to the “Gross and obvious “level.

It is helpful that the judge listed examples of these types of behaviours:

Wife shoots husband with his shotgun with intent to endanger life.
Husband attacks wife with a razor and inflicts serious injuries
Wife twice inflicts stab wounds on her husband with a knife.
Husband commits incest with children of the family.
Wife stabs husband in the abdomen with a knife.
Wife facilitates the husband’s attempted suicide.
Wife incites others to murder the husband.
Husband’s serious drink problem and “disagreeable” behaviour led to the forced sale of the matrimonial home and serious financial consequences to the wife.
Serious assault and an attempted rape of wife by husband.
Husband assaults the wife with a knife.
Wife deliberately drugged husband to make him very sleepy and then while he was in a somnolent state placed a bag over his head, which she held in such a way that the husband could not breathe.
Husband guilty of “very grave” misconduct in abducting the children of the marriage in contempt of court.
Very serious assault by husband on wife with knife, leading to 12 years imprisonment for attempted murder.

I think you can see that the behaviour illustrated here would rise to the test “you know it when you see it”. Broadly speaking in this particular case, based on the judges’ appraisal of the evidence (one sides version against other), he felt that while the husband behaved badly at times, that it did not amount to gross and obvious misconduct – and so did not take conduct into account as one of the considerations.

Forensic Accountants and Valuing Business Assets

The only other issue in the case concerned the valuation of the Wife’s company. This is just an example of what happens in these types of cases. The forensic accountants differed on the tax treatment of the income of the Company. The Court heard evidence from both experts and arrived at a figure somewhere in the middle.

Why the Family Home Was Not Sold

Lastly, the Judge had to consider whether to sell the family home or allow the wife in the case to purchase it. Ultimately, he allowed the wife to purchase the husband’s value of the home for the following reasons

The Home would not realise much more than the value of the purchase and the renovation costs.
A Sale would involve an auctioneer and legal costs.
A sale would have the effect of sending both parents into the open market to buy a house.
It is sensible that the two children would benefit from the stability of staying in their home.
The Wife contributed most of the acquisition costs of the House.

Final Takeaways from This High-Asset Divorce Ruling

All in all, I think that it was a very helpful decision for people to read and analyse. I imagine that the case would have been more easily settled if there had not existed the question of whether a judge would take the husband’s conduct into account. This was probably difficult to assess as a lot would depend on how impressive each party was in direct evidence and under cross-examination. As to how this played out had a huge swing on the financial orders to be made. It made the whole case quite difficult to predict.

Contact Us for Expert Family Law Advice

If you are in need of a High Asset Family Law Solicitor in Dublin in a divorce where there are assets involved, please contact us at The Family Practice.

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Jeremy Ring

Jeremy Ring is a senior family law solicitor and co-founder of The Family Practice in Dublin.

Over his 15-year career, he has advised clients in divorce and separation cases involving combined assets exceeding €10 million, including business valuations, pensions, and inherited property.

The post Case Analysis: €1.6m Divorce Settlement appeared first on The Family Practice.

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