Getting Divorced?

Whether you are considering a divorce or have been served with divorce papers from your spouse or their solicitor, our expert family law and divorce solicitors can help you.

We are on your side

We listen to your needs with empathy and ensure you have a divorce solicitor with the right experience and approach. We have acted for and against clients from all walks of life with varying assets and finances. We will do all we can to achieve a fair settlement through negotiation, or if necessary, court action. We will fight your corner but will always endeavour to put the interests of the child first.

Protecting your finances

We won’t make any recommendations on settling your matter until your former spouse has provided full financial disclosure.

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Some of Our Divorce Blogs

5 REASONS WHY YOU SHOULD MAKE YOUR WILL

Why this solicitor will not be going virtual any time soon!

The Voice of the Child

Divorce Guide

Considering Divorce?

Unhappy differences may have arisen in your relationship that cannot be resolved or you might have discovered your partner has had an affair. Whatever the circumstances, it is natural to worry about your future, your children and your home.

MM Family Law Solicitors are here to help guide you through this uncertain time.

The following guide to divorce will help you with your initial questions

It is usually best to talk things through with your partner before taking any legal steps. Can the relationship be saved? Counselling can help the parties come to view the relationship objectively and whether it can get back on track. If not, it will help you both to come to terms with the ending of the relationship and can also help to keep matters amicable during the legal process.

Our office can provide you with a list of counsellors who specialise in relationship counselling, local to you.

If you are sure the marriage cannot be rescued, then it is time to seek out the right legal advice from a specialist in family law.

Taking the first step is often the most difficult. Our team of specialist divorce solicitors and mediators are here to guide you through it.

Every divorce is different due to the individuals involved such as children, the history of their relationship, whether the divorce is contested or not, and the financial circumstances. It is important that the solicitor you engage has the relevant specialist skills to get the result you want. It is imperative that you are not only comfortable with your solicitor but that you feel they understand your legal needs and the emotional aspect of your situation.

Martina has been qualified as a Solicitor since 2003 and has practiced in the area of Family Law since then. Many solicitors hold themselves out as being specialists but have in fact only recently qualified or have only practiced in Ireland for a short time. Check their bio’s carefully before engaging. A Solicitors history can be checked on the The Law Society of Ireland website www.lawsociety.ie. Martina has taken Family Law cases in the District Court, Circuit Court, High Court and under the Hague Convention.

The first meeting is a fact-finding meeting so that we can assess your situation and how best to proceed. You will be asked to provide the date of separation, details of any children of the family and details of your own and joint assets. In this meeting you can expect to learn more about your options, including what processes you can use to reach a resolution in your case, be it through mediation, negotiation through solicitors or litigation.

The divorce procedure in Ireland follows a process which starts with the filing of a Family Law Civil Bill with the court and ending with an Order Granting Divorce.

If the parties agree on a settlement then it can be done in a matter of months (up to 6 months). If the parties cannot agree and it needs to go to a full hearing then it can take 18 months if not longer depending on the Court lists.

Very few cases involve only the end of the marriage. Arrangements have to be made for any children of the family and the finances (including property, businesses, pensions and income).

Children

Parents should try to reach an agreement between themselves on arrangements for their children during and after the divorce as they are the best placed to know what will or won’t work. We can give you advice on the types of arrangements one might expect to find in your particular situation and what a Court might order and help to negotiate an arrangement that is suitable for your children and you.

Finances

Negotiating a financial settlement in divorce takes skill and experience. There is no set formula – child and spousal maintenance are resolved in each case depending on the particular facts, figures and circumstances of the parties.

A number of factors are taken into account, including:

the length of marriage
the ages of the parties
their assets, incomes and earning capacities in the future
the standard of living you had during your marriage
what your financial needs are likely to be in the future
the contributions you have both made to family life and the acquisition of your wealth

Our family law specialists will explain the relevance of each of these factors to your circumstances and the weight they may carry.

It is crucial when attempting to reach a fair and reasonable settlement that both parties engage in what is called ‘full financial disclosure’. All assets owned by each spouse and liabilities in their sole name, as well as those jointly held, need to be vouched and the information given to the other party. Assets typically include the family home/other properties, pensions, shares, savings and cars and businesses.

We have access to skilled forensic accountants who can assist with the preparation of financial disclosure where there are significant assets. They can also investigate the accuracy of disclosure provided by the other party – particularly when there are business or offshore interests – and provide valuable assistance with financial settlement-related tax issues.

We will advise you on the range of possible outcomes which may be achievable both in and outside of court.

Financial disputes and arguments about children that reach the courts can often be very stressful not to mention more costly than coming to an agreement outside of Court. Dispute resolution outside court often takes less time and lower costs as well as offering greater privacy. At MM Family Law, we know the benefits of other appropriate forms of alternative dispute resolution and our team includes highly-regarded mediators. Read more on our Divorce Settlement page.

Mediation helps separating couples and parents whose relationship has broken down to negotiate their own agreement. The couple sit down together, facilitated and helped by a trained mediator, and negotiate their own terms of settlement.

With mediation you will be helped to make your own decisions that suit your circumstances. If you decide to go to court it will be a judge who will ultimately make these decisions so mediation offers you a degree of control.

The offers that are exchanged in the mediation process are “without prejudice” – i.e. they are private and cannot be disclosed to the court. The mediator cannot impose a decision on either party.

Despite the best attempts to reach an agreement, sometimes there is no alternative but for the matter to go to Court and a judge to decide.

Court proceedings are usually necessary if:

If you believe full financial disclosure has not taken place
There are complex financial issues that you need a court to help you agree on
Out-of-court options have failed to achieve a settlement that both parties are satisfied with
Where there has been domestic violence or the threat of it, so that you need to remain at a distance from your partner and wish to have matters conducted through solicitors
There is an issue of urgency in getting your case before the court. It may be to take steps to protect your children or preserve assets.