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enquiries@thefamilypractice.ie

Who Gets The House in a Divorce?

The Family Home is generally the highest value asset that a couple owns. This asset is therefore one of the main battlegrounds of any Divorce.

Find the answers to common questions about the division of the family home in a divorce here.

 

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What are Your Property Rights in a Divorce?

The property of the marriage is divided upon the basis that proper provision is made for both spouses & dependents going into the future.

Learn more about your property rights in the event of a divorce or marriage breakdown here.

 

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Separation In Ireland

Is it always better to come to an agreement in separation? How do I prepare myself for this, and what should I not do?

Find your answers here to questions about separation.

 

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Frequently Asked Questions

How long does the divorce process take?

The divorce process takes a minimum of 12 months and a maximum generally of 24 months in Ireland.

For more information, you can read our article on how long divorce takes in Ireland.

Why don’t you provide a divorce service for people without Property or a Pension?

We may in time provide such a service but at present we are
focusing our energy on a value-for-money divorce service for persons with assets such as Property
or a Pension.

I am only considering my position. Should I consider talking to you?

Yes, please complete the form and if suitable we will give you an appointment.
We would give you all the information and guidance at this stage and would
encourage you to try all alternatives such as mediation before making the final decision.
Should you finally make the decision to instruct us, we want you to be
100% sure of your decision.

I have been judicially separated but now wish to have a final divorce. Does everything have to started again?

Yes, although the divorce process can be easier if everything had been agreed
in a judicial separation. A different set of legal proceedings need to be
drafted but in general the process can be more concise and quicker.

My husband and I have agreed everything. Can we not just sign a divorce agreement?

No. You will have to apply to the court to have whatever terms you have
agreed ruled by the court.

I don’t want anything from my ex partner, I just don’t want her to have entitlement to my estate?

Unfortunately, there is no other way of achieving this besides starting
the process in the normal way. There is no such application that can be
made to achieve this.

Should I go to mediation?

Yes, you absolutely should go to mediation and even if you speak to us,
we are required by law to say that we have advised you to go to mediation

I get on well with my ex spouse. Is this going to threaten this situation?

No, to be very clear we want you to settle your case. An agreed case costs
you less financially and emotionally. It is far better to agree to
something not perfect rather than have a situation imposed upon you which
you have no control over. We only want to achieve what is fair and
reasonable for you. If this can be achieved and you retain your
good relationship with your ex spouse, this is our ideal outcome.

I’ve received court papers from my ex spouse. Do you look after this?

Yes, absolutely, it’s exactly the same process, it matters very little who
initiates the proceedings. Unfortunately, it removes the decision-making from
your hands as you now have little choice but to engage with the divorce process
either on your own or with a solicitor.

I’m going to be embarrassed telling a complete stranger my intimate business

We understand this and everybody feels this but we hope we will put you at
ease so that you feel that you can trust us with your personal story.
We respect that you may be apprehensive but we hope that with our family law experience
and empathy, we can help make it as easy as possible for you.

Do you provide your service under the Legal Aid Scheme?

No, we are sorry but we do not provide our services under
the Legal Aid Scheme.  Please contact the Legal aid Centre in your
locality and they will provide you with a list of solicitors who provide
their services under this Scheme.

You can find more information here.

About us.

The Family Practice was set up with a simple mission. To help people through Divorces where assets are involved. Established by experts in the field, we understand how overwhelming divorce cases can be, so our aim is act as your sword and shield, guiding you through the whole process, while also keeping costs down. But first it’s important to know why you need a solicitor when there are assets in the first place.

Why you need a solicitor when there are assets?

If you have a property, a pension or other assets and are divorcing, you need a solicitor. The reason is simple. People think that divorces are all about the family home, but in fact other assets, for example a pension, can be even more valuable. The courts know this and want to ensure equity, so any agreement must be court approved. We are experts in this process. Securing the best future for you is our priority.

Next Steps

Book A Consultation

Find out if we may be able to work together.

Fill out our form in the strictest confidence and we’ll get back to you within 24 hours to discuss if your circumstances are suitable for us to meet with you.