Family Law

Are you experiencing difficulties in your marriage or with your partner? We advise and help people who are experiencing relationship difficulties. Sometimes with the help of counselling and advice these marital or relationship difficulties can be overcome. If however there are irreconcilable differences in the relationship, whether it is a marriage or a cohabiting relationship, then the best outcome that can be achieved is a negotiated and orderly Separation and or Divorce.

Many factors must be considered and agreed:

Maintenance: where there is a Dependant Spouse, Partner and or children the issue of Maintenance and Support must be dealt with,
Children: Where a couple are separating and there are Children, then the issue of Custody of, Access to, and Guardianship of the children must be addressed and dealt with,
Family Home: What will happen to the family home? Should it be given to one or other Spouse or Partner? Will it have to be sold? Who will pay the Mortgage? How will the proceeds of sale of the Family Home be divided?
Matrimonial Property: how will this property be divided?
We have vast experience in the area of Family Law and can advise and guide you through this very difficult and emotional time. It may be possible to achieve a settlement through negotiation or mediation or other forms of Dispute Resolution. Alternative methods of Dispute Resolution include:

Arbitration
Arbitration is an alternative form of dispute resolution and can be a less costly and a quicker way of achieving a resolution to a dispute. Many legal agreements such as Leases, Contracts of Employment, Building Contracts, Car Sale Agreements, state, that in the event of a dispute arising over the subject matter of the agreement, the matter shall be referred to Arbitration and will name the person who is to nominate the Arbitrator.   Similarly the parties to a Family Law Dispute can agree to have a suitable Arbitrator appointed to deal with their case.   The Arbitrator will, like a Judge, be independent of all parties, and will hear all of the evidence of any witnesses, and consider all other evidence, before reaching a determination which is binding on both parties

Mediation
Mediation is a less formal form of Alternative Dispute Resolution. It is a process where both parties to the dispute agree to the appointment of a suitable independent Mediator who will meet with both sides of the dispute separately and will mediate between them to see if an agreed settlement can be reached. Mediation is done on a confidential basis. It is not binding unless a settlement is reached and a Binding Settlement Agreement is signed by the parties. If Mediation is not successful the dispute either goes to the Courts or to Arbitration for hearing. We have a number of Accredited Mediators on our team.

Conciliation
Is a form of alternative dispute resolution which is aimed at getting the parties back to where they were before the dispute arose. In this process an agreed person becomes involved with a view to bringing the parties back together. Likewise, if the Conciliation does not work, the matter is referred to the Courts or other forms of dispute regulations.

Collabration

Collaborative law is a process specifically structured for the resolution of family law conflicts, without going to court.  It aims to achieve a resolution of issues through the participation and cooperation of both the parties and their lawyers. Trained lawyers advise both parties throughout the process, creating a controlled environment in which to focus on settlement. Full disclosure of all relevant information is an essential aspect of collaboration.  Negotiations then take place in four-way meetings with both lawyers and parties working together. The collaborative process enables separating spouses, and others in family law conflicts, to reach decisions that suit their own particular priorities and objectives, with a minimum of hostility.
The collaborative process is recommended for anybody who wishes to focus on moving forward, to reduce negative impact on children, and who is open in relation to their financial affairs. It can operate successfully to achieve a settlement, while allowing the parties to maintain their dignity.

The Courts

Where it is not possible to reach a negotiated settlement the Family Law Dispute will be dealt with through the Family Courts. The Judge will hear all the evidence and will make orders dealing with Custody of Children, Access to Children, Guardianship of Children, the distribution of Matrimonial Property or Family Assets.
In cases where there is Domestic Violence by either partner the Family Courts can make Protection Orders, Barring Orders, Safety Orders, and can where necessary make Interim Orders dealing with any aspect of Family Disputes. If you are experiencing difficulties in your relationship please contact us. We at Steen O Reilly have vast experience and expertise in the area of Family Law. Please contact us on a confidential basis.

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