Family Law

Luke Hanahoe solicitor interviewed on the increase of Divorces in Ireland

Posted on by Luke Hanahoe
Divorces in Ireland

Luke Hanahoe solicitor interviewed on the increase of Divorces in Ireland

According to the Courts Services Annual Report the number of Divorce proceedings being issued by the Courts increased by 29%. This was extensively reported in the media, particularly in the Irish Times and the Journal.  This did not come as a surprise to our family law solicitors, as our Family Law Department has seen a marked increase in the number of instructions we are receiving from clients to issue to Divorce Proceedings, since the introduction of 2019 Family Law Act. Our managing partner, Luke Hanahoe, was recently interviewed by Will Faulkner on Midland 103,  to explain why he thinks we have seen such an increase in Divorces in Ireland and why he does not think Covid is a factor yet, but that it may have in years to come.

During the interview Luke outlines his belief that societal changes, together changes in legislation, are responsible for the increase. Under the 2019 Family Law Act, the requirement for living separate and apart was reduced from 4 out of the last 5 years, to 2 out of the last 3 years. This coupled with the fact that you still have to live separate and apart for 1 year to obtain a judicial separation, has seen the number of Divorce applications increase and the number of judicial separation applications drop.

Hanahoe and Hanahoe Solicitors LLP are an award winning law firm, with other 40 years experience advising clients on Divorces, Judicial Separations and all aspects of Family Law. With offices in Naas, Maynooth, Portlaoise and Dublin, Hanahoe and Hanahoe offer a national service and represent family law clients from across the country. If you would like to speak to one of our expert family law solicitors please feel free to contact us to arrange an appointment.

 

Will the Courts take a Pre-Nuptial Agreement in to consideration in Family Law Proceedings?

Posted on by Luke Hanahoe

While the Family Law Courts are not obliged to take the contents of a Pre-Nuptial Agreement in to consideration in Family Law Proceedings, there is nothing preventing them from doing so. Indeed in more and more circumstances the Courts are taking into account the contents of Pre-Nuptial Agreements and using them as a guide in the distribution of assets.

 

So what is a Pre-Nuptial Agreement?

A Pre- Nuptial or Anti-Nuptial Agreement is a contract entered into by two individuals prior to them getting married, which make provision for financial and property matters and other issues, following the breakdown of the marriage. These agreements can cover a wide range of issues such as lump sum payments, pensions, maintenance and succession rights.

 

Are prenups legal in ireland?

It must be remembered that there is no legal basis for Pre-Nuptial Agreements in Irish law and that they are therefore not enforceable. That said, it is likely that the Court will give some consideration to a properly drafted Pre –Nuptial Agreement which satisfies the following criteria:

 

  1. That the agreement is in writing.
  2. That the agreement is signed and witnessed
  3. That both parties to the agreement have obtained independent legal advice
  4. That there has been a full disclosure by both parties of all assets, liabilities and financial information.
  5. That both parties sign an acknowledgement that the agreement is legally binding.
  6. That both parties have been given time to consider the agreement and its contents. Ideally not less than 12 weeks.
  7. That the agreement was not entered into less than 28 days before the couple intend to marry.
  8. That neither party were put under any undue influence.
  9. The agreement should contain a review clause, so the agreement is reviewed every five years, after the birth of any children or when there has be a sufficient change in the family or either parties financial circumstances

 

Post-Nuptial Agreements can also be entered into by married couples, but again if you wish the Family Law Courts to give them any consideration they should satisfy the above criteria.

 

For further information on Pre-Nuptial Agreements or indeed any aspect of Family Law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

 

This article is merely for information purposes only and is not and should not be taken as legal advice. If you have any queries in relation to this or any other Family Law matter, you should consult with a solicitor who specialises in Family Law. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.

What is a Separation Agreement?

Posted on by Luke Hanahoe

A Separation Agreement is a mechanism by which a married couple can become separated without the necessity of them going through the Family Law Courts. It is a legally binding contract entered into by the parties setting out each party’s rights and obligations to the other.  It can often be a less expense and quicker way of becoming separated, than obtaining a Judicial Separation through the Courts.

Once both party’s reach an agreement, a legally binding contract is drawn up, known as a Deed of Separation. The main issues dealt with in a Separation Agreement are as follows:

  1. An agreement that both parts will live separate and apart
  2. The occupation and ownership of the family home
  3. Arrangements with respect to the custody and access of any children
  4. Maintenance and lump sum payments
  5. Taxation
  6. Succession Rights

A Separation Agreement can be made a Rule of Court by an application to the Court. This ensures that all the terms agreed upon can be legally enforced where covered by appropriate legislation.

It is important to note that a Separation Agreement cannot make Pension Adjustment Orders and the Trustees of Pension Schemes are not bound by the terms of a Deed of Separation. Therefore if one or both of the parties have a pension, it will be necessary to obtain a Judicial Separation from the Courts.

Once parties have entered into a formal Deed of Separation, they are not entitled to issue Proceedings through the Family Law Courts for a Decree of Judicial Separation. However obtaining a Deed of Separation is not a bar on the parties obtaining a Divorce at a later date.

 

For further information on Separation Agreements or indeed any aspect of Family Law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

 

This article is merely for information purposes only and is not and should not be taken as legal advice. If you have any queries in relation to this or any other Family Law matter, you should consult with a solicitor who specialises in Family Law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.