Family

Our award winning Family Law Department is led by Partner, Jane O’Connor and supported by Senior Associate, Cian O’Donnell.  Our Family Law Team is well established and advises clients throughout Munster.  Our team is acutely aware that dealing with Family Law issues can be one of the most stressful periods in anyone’s life.  That is why we take a sympathetic approach and offer a confidential service to our clients.  We strive to find practical and beneficial solutions for our clients to achieve the best possible outcome for them.

Jane O’Connor has practiced with Sweeney McGann LLP since 1996.  Jane is widely known as a prominent and leading Family Law practitioner in Munster and throughout the country.  Jane has a wealth of experience in all areas of Family Law to include divorces, separations, co-habitation cases, property division, equity matters and all applications in the District Court such as custody, access, maintenance and domestic violence.

Cian O’Donnell joined Sweeney McGann LLP in 2019 and works closely with Jane to offer their Family Law clients the best possible support and advice.  Cian has brought a wealth of knowledge and expertise to the Family Law Department.  He also advices clients on divorces, separations and co-habitation cases.  Cian regularly attends Limerick District Court and surrounding County Courts to deal with cases of domestic violence, maintenance, access, custody and guardianship.

DIVORCE

Our team recognises that getting a divorce can be one of the most stressful periods in your life.  We would strongly recommend obtaining legal representation from an expert in Family Law.  Prior to commencing the legal process for a divorce, we would advise you to explore counselling and family mediation.  If these are unsuccessful, we would be happy to advise you.  In order to qualify for a divorce in Ireland, you must meet certain criteria.  The following criteria must be met before a Court can award a Decree of Divorce:

• Time Requirement

 The Judge must be satisfied that you and your spouse have lived apart from one another for at least two out of the previous three years.  Please note that “living apart” includes couples who live in the same house as one another but have not been living in an intimidate and committed relationship for at least two of the previous three years.

• Domicile/Ordinarily Resident

 You or your spouse must be domiciled in Ireland when the application for a divorce is made, or have been living in Ireland for at least the one period before the application is made.

• Reconciliation

 The Judge must be satisfied that there is no reasonable prospect of reconciliation between you and your spouse in order to grant a Decree of Divorce.

• Proper Provision

 The Judge must be satisfied that on making a Decree of Divorce that both you and your spouse have been properly provided for into the future as well as any dependent children of the marriage.

If you would like advice on a divorce please contact either Jane O’Connor or Cian O’Donnell and they would be happy to arrange an initial consultation.

JUDICIAL SEPARATION

Obtaining a judicial separation from the Court confirms that a couple are legally separated.  In advance of applying for a judicial separation, we would advise clients to explore counselling and family mediation.  If these avenues are unsuccessful, our team would be happy to advise you on the process of applying to be judicially separated.

Please note that an application for a Judicial Separation must be based on any one of the following grounds:

1. One party has committed adultery.
2. One party has behaved in such a way that it is unreasonable to expect the other spouse to live with them.
3. One party has deserted the other for at least one year at the time of the application.
4. The parties have lived apart from one other for one year up to the time of the application and both parties agree to the Decree of Judicial Separation being granted.
5. The Court considers that a normal marital relationship has not existed between the spouses for at least one year before the date of the application for a Decree of Judicial Separation.

If you would like advice on pursuing a Judicial Separation from your spouse please contact either Jane O’Connor or Cian O’Donnell and they would be happy to advise you on the process.

ACCESS AND CUSTODY APPLICATIONS

Jane O’Connor and Cian O’Donnell regularly advise clients on applications for access and custody in the District Court.   When parties separate sometimes an agreement cannot be reached and it is necessary to bring an application before the Court.  We would advise clients that even after parties separate, they will continue to parent their children together, possibly for many years.  Where possible it is much better if an agreement can be reached through mediation or family therapy.  This is not always possible and in those circumstances, we would be happy to advise you on the process.  At times, there are welfare concerns and it is necessary for reports to be prepared by experts.

If you have recently separated from your partner or spouse and cannot find an amicable solution or agreement in relation to access and custody, Jane O’Connor and Cian O’Donnell would be happy to advise you on the process.

CHILD MAINTENANCE

It is the responsibility of both parties to financially maintain their dependent children up to the age of 18, or up to the age of 23, if the child is in full time education or would be in full time education if maintenance were being paid.  If the child has a mental or physical disability to such an extent that it is not reasonably possible for the child to maintenance herself/himself fully, then the duty to financially maintain the child continues indefinitely.

Child maintenance is primarily paid to the parent who has primary care of the child/children. Child maintenance can be agreed between parties but if an agreement cannot be reached, it is sometimes necessary to bring an application before the Court.  The jurisdiction of the District Court in awarding weekly maintenance per child is €150.00.  A higher amount can be awarded as part of a judicial separation or divorce case in the Circuit Court or High Court.

If you have recently separately from your partner or spouse and have children together, Jane O’Connor or Cian O’Donnell would be happy to advise you on child maintenance if it cannot be agreed between you.

DOMESTIC VIOLENCE

 Jane O’Connor and Cian O’Donnell regularly attend the District Court and represent clients for Barring and Safety Order Applications.  In circumstances that are highly emotional and fraught, we provide a wealth of experience in representing Applicants and Respondents in such domestic violence applications.  We appreciate how difficult it can be for clients to come forward and ask for the necessary help to stop abuse.  As well as representing Applicants pursuing domestic violence Orders, we also act for Respondents who are contesting the applications.   We are mindful that there is always two sides to every story and we endeavour to represent our clients as best as possible a highly emotional time.

RELOCATION

Very often when parties separate, one of the parties may seek to move location.  This can either be within Ireland or leaving the jurisdiction entirely.  If one part wishes to do so, they must obtain the consent of the other parent who is a legal guardian.  If consent cannot be obtained, then it is necessary to bring an application before the Court to obtain the Courts permission to move.  It is quite common in relocation applications before the Court that are not agreed or on consent, that the Court will look to have an expert prepare a report which will provide recommendations on what is in the best interests of the child/children.

If you have separated from your partner or spouse and want to explore a relocation with your children, Jane O’Connor or Cian O’Donnell will be happy to advise you on the process.

CO-HABITATION

Co-habitants are not afforded the same protection as married couples.  However, since the introduction of the Civil Partnership and Certain Rights and Obligations of the Co-Habitants Act, 2010, there is a greater level of protection provided to unmarried couples who separated after the 1^st January 2011.  We would advise clients that it is very important that they know their rights and obligations under this Act.  Prior to this Act, couples who lived together did not acquire automatic property rights.

A co-habitant is one of two adults (whether of the same or opposite sex) who live together as a couple in an intimate, committed relationship and financially dependent.  To avail of the 2010 Act, you must be a qualifying co-habitant and this means living together for (a) two years if you have dependent children; or (b) five years if you do not have children together.  There is also criteria that would make an adult who would otherwise be a qualified co-habitant, not be a qualified co-habitant.  We would be happy to advise you on this criteria.  If you are deemed as a qualified co-habitant, the Court has powers to make Orders in relation to property, maintenance, pensions and provisions out of the Estate of a deceased partner.  Please note, that in circumstances where a relationship ends and you wish to pursue reliefs under the 2010 Act, claim must be made within two years of the date of separation.

If you would like advise on co-habitation rights, please contact Jane O’Connor or Cian O’Donnell and they would be happy to advise you.