Division of Assets
In Ireland, courts seek to ensure a “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. At McCarthy + Co, our family law team provide expert guidance in this potentially contentious phase of separation or divorce.
Helping You Reach a Fair Agreement Regarding Division of Assets
The division of assets in divorce and separation cases is a complex area of the law with a range of factors determining how a court may rule in scenarios where couples are unable to agree on terms. Primarily, a court seeks to ensure that assets are divided equitably between the parties involved. However, it’s important to understand that equitable doesn’t necessarily equate to equal. While the court aims to guarantee that all parties are adequately provided for, especially dependents like spouses and children, the division is influenced by the unique circumstances of each family.
Factors that a court may consider when determining how to divide assets includes the following:
- Marital Contribution – The extent of contributions made by each party to the welfare of the family, including any contribution made in the capacity of homemaker or parent.
- Financial Resources – Current and future earning capacities, incomes, property, and other financial resources which each of the parties has or is likely to have in the foreseeable future.
- Financial Needs and Responsibilities – Present and future financial needs and responsibilities of each party.
- Standard of Living – The standard of living enjoyed by the family before the breakdown of the marriage or partnership.
- Age and Physical/Mental Condition – The age of each party and any physical or mental disability may be taken into consideration.
- Duration of the Marriage/Partnership – Courts may consider the length of the relationship when determining how to divide assets.
- Formal Agreements – Any formal or informal agreements the couple may have made (for example, prenuptial agreements) may be considered by the court.
- Pensions – Rights or potential rights to access pensions, benefits, and other financial gains.
- Conduct – In rare cases, the courts might consider the conduct of one or both parties, but only if it would be inequitable to disregard it. Remember, Ireland operates a no-fault divorce system, so very rarely looks to apportion blame except in very serious situations (serious child or domestic abuse, for example).
- Accommodation Needs – The housing needs of both parties.
- Welfare of Dependents – The welfare and specific needs of any dependent members of the family, especially children.
- Rights of Others – Rights and interests of third parties, such as cohabitees or creditors.
- The Existence of Separate Assets – Assets which were clearly separate and not intended for shared family use, like inheritances or gifts, may still be considered by the court in certain circumstances.
At McCarthy + Co Solicitors LLP, our family law team has extensive experience in helping our clients reach fair and equitable settlements regarding the division of their assets following the end of a marriage. We work closely with you to help you avoid the possibility of a lengthy, costly, and emotionally taxing divorce by negotiating clearly with your spouse’s legal representatives, aiming to settle out of court.
If you currently have concerns regarding the division of assets in your marriage, you can complete our confidential consultation form and a member of our family law team will get back to you.
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Frequently Asked Questions
Questions we are often asked in relation to divorce & separation.
Is everything split 50/50 in a divorce?
No. There is no automatic 50/50 rule in Ireland.
Instead, the court looks at what is fair in the circumstances. The aim is to make proper provision for both spouses and any dependent children. That means the court considers the full financial picture, including income, property, pensions, debts, future needs, and housing needs.
What does “proper provision” mean?
Proper provision means making fair financial arrangements for each spouse and any dependent children.
This can include decisions about the family home, other property, savings, debts, maintenance, and pensions. What is fair will depend on the facts of each case, so no two outcomes are the same.
What can happen to the family home in a divorce?
That depends on your circumstances and whether you and your spouse can agree on what should happen.
In some cases, one spouse may stay living in the home. In others, the property may be transferred into one person’s name, or sold, with the proceeds divided in a way the court considers fair.
Does it matter whose name is on the deeds?
Yes, but it does not decide everything.
Legal ownership is important, but it is not the only factor. In a divorce, the court can make orders affecting property, including the family home, to make sure proper provision is made. So, a property being in one spouse’s sole name does not automatically mean the other spouse has no claim.
Are pensions included in the division of assets?
Yes. Pensions can be one of the most valuable assets in a divorce.
The court can make a pension adjustment order, which can direct that part of a pension is set aside for the benefit of a spouse or former spouse.
What if we are separated, but still living in the same house?
You can still apply for a divorce.
Under Irish law, living apart does not always mean living at different addresses. It is possible to be living separate lives under the same roof. What matters is the reality of the relationship, not simply whether both people still live in the same property.
Do unmarried couples have the same rights as married couples?
No. Unmarried couples do not have the same automatic rights as married couples.
For example, a cohabiting partner does not have the same legal protection over the home as a spouse, and there is no automatic entitlement to a share in property simply because you lived together. Rights will depend on ownership, contributions, and whether one partner may qualify to bring a claim under the law applying to cohabitants.
What is a qualified cohabitant?
A qualified cohabitant is someone who was in a long-term, marriage-like relationship and was financially dependent on the other partner.
In general, this means living together for at least 5 years, or 2 years if you have a child together. A qualified cohabitant may be able to apply to court for certain financial orders, including maintenance, property adjustment, and pension adjustment orders.
Can we agree the division of assets ourselves?
Yes, and many couples do.
If you and your spouse can reach agreement, the court can make orders based on that agreement, provided it is satisfied that proper provision has been made. Even where matters are agreed, it is important to have the agreement properly formalised so that everyone is protected.
Do I need a solicitor?
You are not legally required to have a solicitor, but it is strongly advisable.
Division of assets can involve the family home, pensions, maintenance, debts, tax issues, and future financial security. Good legal advice can help you understand your position, protect your interests, and avoid costly mistakes.
What happens to inheritance rights after divorce?
After a divorce, the automatic inheritance rights that apply between spouses come to an end.
That can have important consequences for wills, estates, and future financial planning. It is often sensible to review your will and take legal advice as part of the divorce process.
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.
Clíodhna O’Regan
Associate Solicitor
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Flor McCarthy
Email: flor@mccarthy.ie
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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
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LinkedIn: /in/johnmccarthysolicitor/
John McCarthy is a seasoned solicitor with more than 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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