Divorce & Separation
The process of getting a divorce is a painful and stressful time for both partners in the marriage, any children they may have, and often the wider family too. At McCarthy + Co, our legal team provide an empathetic service combined with the expertise to help you resolve all matters relating to your divorce as fairly and efficiently as possible.
Types of Divorce & Separation Cases
Our experienced divorce lawyers assist individuals from across Ireland who are seeking advice and assistance in relation to:
Amicable Divorces
Our team help those seeking an uncontested divorce, ensuring our clients resolve all issues without the involvement of the courts. If your marriage has ended amicably but you require assistance with formalising this type of divorce, contact our family law team.
Contested Divorces
In the difficult scenario where one or both parties wish to contest the terms of the divorce, our legal team can help you to understand the legal processes, the options available to you, facilitate mediation, and guide you through to securing a fair settlement.
No-Fault Divorces
Ireland’s no-fault divorce system enables married partners to divorce without holding the other responsible. It is possible for this type of divorce to be granted even if one partner is opposed to it, leading to difficulties regarding finances, childcare, and other matters.
High-Net Worth Divorces
Our team provide a highly confidential service to individuals with large property portfolios, business assets, agricultural holdings, and other commercial interests. Contact us for discreet assistance with resolving issues connected to a high-net worth divorce.
Same Sex Divorces
Since the Marriage Act 2015, same sex couples have the right to marry as opposite sex couples. However, parental rights are different for same sex couples, potentially causing issues in the event of a divorce. Our team can provide expert guidance in this area.
Division of Assets
In Ireland, courts seek to ensure an “proper provision” for all parties following divorce or separation. However, there are many factors in determining how assets are distributed and it may not be a 50/50 split. Our team provide expert guidance in this area.
Financial Settlements
A financial settlement in divorce is a legally binding agreement as to how your wealth and assets will be divided following the end of your marriage. It’s important to have the best legal expertise on your side whilst navigating the process leading to the settlement.
Separation Agreements
Helping both married and unmarried couples put in place legally binding agreements that set out the terms of their separation, outlining the rights and responsibilities of each party and minimising potential conflicts or disputes.
Helping You Secure a Fair Divorce or Separation Settlement
Resolving legal issues related to your divorce and securing a fair settlement may seem daunting and stressful, however, the McCarthy + Co team can assist you throughout the process. Here are some of the key areas where our team can provide expert guidance:
- A Thorough Understanding of the Law and Your Legal Options – our solicitors have an in-depth understanding of divorce and separation law and the court system in Ireland, ensuring that we can anticipate potential legal issues, effectively negotiate on your behalf, and propose settlement terms that are both fair and legally sound.
- Gathering Information – our team work hard to fully understand your financial situation. This involves an analysis of your assets, liabilities, income, expenses, and potential future financial needs. With a complete picture in place, we are then best positioned to negotiate effectively for a fair division of assets and wealth.
- Negotiation – A significant part of achieving a fair settlement involves negotiation. Our team use their knowledge of Irish family law and their understanding of your situation to effectively negotiate with other parties involved in the divorce.
- Court Representation – if a fair settlement cannot be reached through negotiation or alternative dispute resolution methods, the case may go to court. In these situations, our legal team will provide expert representation in court.
Remember, a “fair” settlement doesn’t necessarily mean an equal division of assets. Instead, it usually involves a distribution that ensures proper provision for all parties considering the family’s entire situation, including the length of the marriage, each person’s contributions to the marriage, the future financial needs of each party, and the best interests of any children involved.
Speak to our legal team now about your case. Call us Freephone on:
1800 390 555
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Frequently Asked Questions
Questions we are often asked in relation to divorce & separation.
What are the conditions for seeking a divorce in Ireland?
In 2019, Ireland amended the Family Law Act, reducing the number of years that spouses must live apart before applying for divorce from 3 years to 2. With Ireland’s no-fault system, either partner can begin divorce proceedings after 2 years of living apart, regardless of whether the other party is opposed to ending the marriage. In addition, at least one of the spouses must have lived in Ireland for at least a year at the time of processing the application. Finally, there must be no possibility of reconciliation, and arrangements must be made to look after your spouse and children for the decree of divorce to be granted by the court.
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What are the legal options for ending a marriage?
There are multiple ways to end a marriage in Ireland, depending on the couple’s situation. One option is to enter into a separation agreement, which may be preferable for couples who are able to agree upon the terms of their separation. Another option is a judicial separation, which is applied for when the couple are unable to agree the terms by which they will live separately. A decree of judicial separation must be granted by the court and does not give you the right to remarry. The final option is divorce, which can only be applied for after 2 years of living apart. Whilst it’s not necessary to have entered into a separation agreement or had a decree of judicial separation granted to get a divorce, a court may review these separation arrangements. A decree of divorce gives you the right to remarry.
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Do I need a divorce lawyer to get a divorce?
No. If you do not want a lawyer involved in your case, it is perfectly fine to represent yourself. However, there are many complex factors that you will need to deal with that may prove hard to navigate through without professional legal assistance. If you are in any disagreement with your spouse about the terms of your divorce, then it is highly advisable to consult with a solicitor.
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How do I apply for a divorce?
If you meet the conditions, you can apply for a decree of divorce through your local circuit court office. This process involves submitting 5 documents: an application form (known as a Family Law Civil Bill), a sworn affidavit of means (form 37a) setting out your financial position, a sworn affidavit of welfare relating to your children (from 37b), a document certifying that you have been advised about mediation (form 37d), and your original state marriage certificate. If you are your spouse disagree about any of the details of your divorce, there are other documents that will need to be prepared including an Appearance (outlining the person’s intention to contest the divorce) and a Defence (outlining disputes contained in the Family Civil Law Bill). Your solicitor can assist you with any or all aspects of this process.
Clíodhna O’Regan
Associate Solicitor
Clíodhna O’Regan leads the family law department at McCarthy + Co. Clíodhna’s educational background includes studying law and European studies at the University of Limerick, even completing a semester in Madrid where she navigated the complexities of law in Spanish.
Clíodhna can be contacted via email at: cliodhna@mccarthy.ie
About McCarthy + Co
McCarthy + Co. are a team of solicitors with more than 30 years of experience in providing legal advice, guidance and assistance to clients across Ireland.
We are a family-run business with offices in Dublin and Cork, but we have dealt with clients everywhere from Galway and Limerick to Waterford. We are honest, plain-speaking and thorough – we will work alongside you to achieve the best possible outcome for your case.
Our Awards & Accreditations
We are a multi-award winning firm, accredited by the Law Society of Ireland.
In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect of legal services that the legal practitioner provided to the client.
Our Partners
Directly contact our partners via email about your case.
Flor McCarthy
Email: flor@mccarthy.ie
Follow Flor on Social Media
Twitter: @flormccarthy LinkedIn: /in/flormccarthy/
Flor McCarthy wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.
Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy
Email: john@mccarthy.ie
Follow John on Social Media
LinkedIn: /in/johnmccarthysolicitor/
John McCarthy is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.
John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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