How can grandparents get to see their grandchildren in a custody proceeding?
Grandparents can apply to the court for access to their grandchildren.
When are children determined to be dependents?
Children under 18 years, or 23 years if in full time education, are considered dependants. For the spouse, age, income and ability to take up employment will be considered for maintenance purposes.
How much maintenance can be paid?
The District Court can only award up to €500.00 per week to a spouse and €150.00 per child per week. If a spouse wants to get more than these amounts they must apply to the Circuit Court. Maintenance payments can be paid on a fixed regular basis payments or in a lump sum. The maximum lump sum maintenance payment at District Court level is €6,348.69.
Can maintenance be deducted directly from a spouse's salary/social welfare payment?
Yes, it can. If a spouse fails to pay maintenance, an Attachment of Earnings Order can be sought from the court if the person is employed, on social welfare or on a private pension. The employer/organisation who pays the spouse can be ordered to deduct maintenance from his/her salary/payment.
Can one spouse sell the family home?
No. A spouse is prevented by law from selling, mortgaging, leasing or transferring the family home without the consent of the other spouse.
What is a Property Adjustment Order?
A Property Adjustment Order is a Court Order which determines the transfer of ownership of the family home/property and any arrangements for its sale. The order must take into account the welfare of dependant spouses and any dependant children.
On what grounds can I get a Judicial separation?
Please see this section
What factors will a court take into account before granting a Judicial Separation or Divorce?
Before a court grants either a Judicial Separation or a divorce, there are many factors to be taken into account. These will include the current and future financial situations of both spouses, accommodation and property, dependent children and their future needs and welfare, succession rights, the behaviour of both spouses, their mental and physical health and so on.
What are the grounds for Nullity?
Please click here
How do I get a Barring Order?
A Barring Order requires a person against whom the order is made, to leave and stay away from the place of residence of the person applying for the order and/or the dependent children.
More information
Can I get a pre-nuptial agreement drawn up?
Yes you can, but they are not recognised as such under Irish Law so if it comes to enforcing it, there could be problems.
If we separate, do I automatically give up any succession rights?
Not unless this is part of Separation Agreement or Judicial Separation that both parties agree to.
If we separate, do I have to disclose all my income?
Yes. Failure to do so could land you in jail or paying up more than you had bargained for.
If we separate, can I get anything from my spouse's pension scheme?
The simple answer is yes as it would be part of your spouse's total income. Click here for more information
Will I lose any Social Welfare entitlements if I separate or divorce?
No. A social welfare entitlement remains after separation and divorce as long as the recipient spouse does not remarry or co-habit. The main social welfare payment for separated/divorced parents is the One Parent Family Payment.
What is the effect on our tax situation if we separate/divorce?
Separated couples are still legally married and may choose to be taxed either as a married couple if they are both resident in the country (joint assessment) or as separated people (single assessment). Divorced people may also choose to remain taxed jointly as long as either of them does not remarry. In some cases it can be more beneficial for the couple to continue to be jointly assessed after separation/divorce. If a spouse remarries, he/she will be taxed as a married person together with the new spouse and the former spouse will be taxed as a single person.
