Same Sex Divorces

Our friendly, empathetic, and approachable family law team here at McCarthy + Co provides legal counsel and support to those in same-sex relationships confronting divorce or related family law challenges. Recognising the distinctive challenges same-sex couples may face during divorce, we approach every case with sensitivity and understanding.

Navigating the end of a relationship can be challenging, and it’s crucial to make well-informed decisions. With the right legal guidance, you can safeguard your rights, whether you’re cohabiting, have a cohabitation agreement, or you are in a civil partnership or marriage. As a trusted and long-established law firm with offices across Ireland, we pride ourselves on our depth of knowledge and extensive experience in managing sensitive family law related matters.

The law in Ireland changed dramatically with the introduction of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, a statutory civil partnership registration scheme that first gave legal recognition to same-sex couples. However, since November 2015, same-sex couples are able to legally marry following the groundbreaking introduction of the Marriage Act 2015. Whilst civil partnerships that existed before 2015 are still recognised, this type of legal union is no longer granted. However, couples in civil partnerships have the right to marry and their previous civil union is automatically dissolved when they do so.

With these significant leaps forward in terms of unions and marriage for same-sex partners, the rules and rights surrounding divorce and separation largely apply regardless of sexual orientation. As it is with opposite-sex couples, your rights and legal obligations are dependant on how formalised your relationship is, be it a cohabitation agreement, a civil partnership, a marriage, or some other type of arrangement. In some situations, parental rights may differ to those in equivalent opposite-sex unions. Our team can help you to navigate these challenging issues to find a fair and reasonable outcome for all parties involved.

Regardless of how formalised your relationship status is, the McCarthy + Co team can help you to resolve difficult family law related matters without the need for a protracted court case.

Our highly experienced team assist in the following areas:

• Legal Guidance – Offering expert advice on the complexities of family law as it applies to same-sex couples in Ireland.
• Rights Protection – Our team ensure the rights of both parties are upheld, particularly in areas that may have unique implications for same-sex couples.
• Asset Division – We provide advice on the equitable distribution of assets and debts acquired during the relationship or marriage.
• Child Custody & Support – Assisting you in determining the best interests of any children involved, establishing custody arrangements, visitation rights, and child support agreements.
• Spousal Support – We can help you to evaluate and arrange fair spousal support or maintenance settlements.
• Paperwork & Documentation – We handle all the necessary legal documents and filings, ensuring they are submitted to the correct court and in order.
• Negotiation – If your spouse does not agree to the terms of the separation or divorce, we can assist you in negotiations with their legal representatives.
• Representation in Court – In situations where your case must go to court for a judge to decide, we can represent you and ensure your voice is heard and your interests are protected.

No matter what stage you are at in terms of legally dissolving your relationship with a partner or spouse, the McCarthy + Co team are here to help with any legal issues you require assistance with. Simply complete our confidential consultation form and a member of our family law team will get back to you.