Family

Marital Breakdown

The breakdown of a marriage can be a very traumatic time for the couple and their family. We at Michael Purcell & Son fully understand the sensitive nature of family law litigation, particularly when it relates to children and feel that it is vital that the Client is listened to and is understood.

As with any area of law, it is important that the Client is fully advised of all the available options and kept advised of all progress made. We focus on solutions that work for our Client in both the short term and long term. There can be a number of different issues requiring resolution in a family law matter and a number of orders can be sought including

Property Adjustment Orders
Pension Adjustment Orders
Maintenance Orders
Access Orders
Orders in relation to succession rights and the family home

The options available when regularising marital breakdown include Separation Agreements, Judicial Separation, Divorce and Nullity. Applications for Judicial Separation, Divorce and Nullity are brought before the Circuit Court (or the High Court if the Family assets are in excess of approximately €5 million).

Michael Purcell & Son has extensive experience in these areas at both Circuit Court and High Court level.

Access, Guardianship and Custody

Michael Purcell & Son LLP has extensive experience in applying for and defending applications for

Access
Guardianship
Custody

This can be an extremely emotive area and we are committed to dealing with all matters in a professional and understanding manner. Our policy is to reach agreement without recourse to the Courts if possible but if this is not possible we use the full resources available through the Court system.

For non-marital families these issues are dealt with by the local District Court. For marital families, these issues can be dealt with by the local District Court if other proceedings to include Judicial Separation and Divorce are not in place.

The Courts can be asked to vary existing Orders. An Access Order, in particular, reflects what is in the best welfare of the child at the time the Order was granted. This changes as time passes and the court can vary any Order if required.

It is not only parents who can bring access proceedings. Partners who have acted in locus parentis, grandparents and other relatives can also apply to the Court, if necessary, for access. The process is slightly longer and again it is the welfare of the child which is central to the Courts decision making process.

We are not members of the Private Practitioners Panel as operated by the Legal Aid Board.

Maintenance

The Courts can grant both:

Spousal maintenance
Child maintenance

Child maintenance is payable until the child is 18 or in full time education or reaches the age of 23, whichever is soonest.

The Courts consider the income, outgoings, assets and liabilities of both parties during an application for maintenance and take all relevant factors into account.

The Court can specify how maintenance is to be paid – for example either directly or through the local District Court Clerk.

If arrears of maintenance arise, an application can be made to the Court to enforce maintenance. In certain circumstances the court can jail a Maintenance Debtor who has not complied with the Maintenance Order.

If necessary, the Court can be asked to grant an Attachment of Earnings Order which means that the maintenance payable will be deducted from the Maintenance Debtors wages by their employer and paid to the Maintenance Creditor.

If circumstances change from when a Maintenance Order was granted, an application can be made to the court to vary the Maintenance Order.

Domestic Violence

Domestic violence is one of the most sensitive areas of legal practice. Legislation, being the Domestic Violence Act, 1996, provides for

Protection Orders
Safety Orders
Interim Barring Orders
Barring Orders

to be granted to those who require them. We have extensive experience in securing these Orders at both the District Court and Circuit Court as well as defending applications seeking them.

All family law proceedings are held ‘in camera’ which means that only those directly involved in the case are allowed be present in court. Furthermore, details of the case cannot be published.

Cohabitants

Until the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into effect on the 1st of January 2011, people who resided with their partner in a long term relationship had no rights to seek a Property Adjustment Order, a Pension Adjustment Order or a Maintenance Order in respect of themselves. If the relationship ceased through a break-up or death, the surviving cohabitant partner could be left in a very precarious financial position. The 2010 Act provides a mechanism by which a partner can ask the court for certain reliefs including those listed above.

It is possible for cohabitants to contract out of the right to bring an application under the 2010 Act by entering into a Cohabitants Agreement. These agreements are very strictly construed and we would strongly recommend that both parties seek legal advice to ensure the provisions are enforceable.

Civil Partners

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 established the right of same sex couples to enter into civil partnerships. The civil partners then gain similar rights to those enjoyed by married couples in that the civil partners can seek maintenance, access, protection under the domestic violence legislation, succession rights etc. A Civil Partnership

Child Law

It is a fact of life that the HSE sometimes feel it necessary to seek Supervision Orders in respect of children. The parents of these children are entitled to be represented at any hearing. Supervision Orders and Care Orders are heard by the local District Court.

We have experience in defending applications for both Supervision and Care Orders.

Another aspect of child law is juvenile justice where young people have been charged with an offence and are brought before the courts. The Children’s Court are held ‘in camera’ which means that only those directly involved in the case are allowed be present in Court. Furthermore, details of the case cannot be published