“What legal rights does a farmer’s wife have if she is in an unhappy marriage and wishes to leave? Can you cover such aspects as where to get advice in circumstances where the wife might be totally financially dependent on the husband? Is there an obligation to attend counselling? If there is a history of abuse, what is involved in getting a barring order? Who gets the kids? Who gets the house? What is involved in getting a separation and/or divorce?”
Free advice and legal
representation
Free advice is available through Free Legal Advice Centres (FLAC) or the Legal Aid Board. In FLAC, volunteer lawyers provide confidential, basic legal advice for free and in person across all areas of law, including family law, through their network of advice centres around Ireland.
They also offer a telephone information and referral line, as well as providing comprehensive practical guides on their website www.flac.ie
The Legal Aid Board can provide mediation in family disputes, and civil legal aid and advice to people who cannot afford a solicitor.
To get civil legal aid and advice, a person’s income and assets must be below a certain level ie they should have an annual income of less than €18,000 and their disposable assets must be less than €100,000 (not including the house the person lives in).
A calculator is available at www.legalaidboard.ie that can tell you whether or not you may qualify for legal aid and also your contribution towards civil legal aid and/or advice.
Counselling
Before anyone considers separation or divorce, solicitors have a legislative duty to advise their clients to attend counselling. However, there is no obligation on couples to attend. The Child and Family Agency funds voluntary organisations that provide marriage and relationship counselling, and further information on free counselling can be found at www.tusla.ie
Mediation
Mediation is a voluntary, confidential dispute resolution process in which a neutral third party (the mediator) helps parties to reach a settlement. It is a way for parties to find their own solutions, rather than having them imposed by a court.
Although the mediator may have a legal background, it is not the role of a mediator to give legal advice to either party.
However, the mediator may provide legal information to the couple where appropriate, in terms of procedures and the law.
The mediated agreement is not binding until it has been put into a legally binding format, drawn up by the parties’ solicitors.
The Family Mediation Service provides a free service and further information can be found at www.legalaidboard.ie
Domestic violence
and barring orders
Domestic violence refers to the use of physical or emotional force or threat of physical force, including sexual violence, in close adult relationships. As well as physical violence, it can also involve emotional abuse, the destruction of property, isolation from friends, family and other potential sources of support, threats to others including children, stalking, and control over access to money, personal items, food, transportation and the telephone.
Under the law, there are two main kinds of protection available: a safety order and a barring order.
1. A safety order is an order of the court that prohibits the violent person from further violence or threats of violence. It does not oblige the person to leave the family home. However, if they have left, it prohibits them from watching or being near the applicant’s home. A safety order can last up to five years.
2. A barring order is an order that requires the violent person to leave the family home.
The order also prohibits the person from further violence or threats of violence, and from watching or being near the applicant’s home. A barring order can last up to three years.
To get a barring order or a safety order, you must attend a District Court hearing. You do not need a solicitor to make an initial application, but it is recommended that you have legal representation for a full court hearing.
Womens Aid provides a court accompaniment service for free, and further information can be found at www.womensaid.ie
How do I actually go
about separating/divorcing?
1. Mutually-agreed separation
This is the cheapest option, as it does not involve the courts. Both spouses draw up and sign a binding legal contract that outlines the terms of the separation, through their solicitors or through mediation.
2. Judicial separation
This occurs when the couple cannot agree on the terms on which they will live apart after attending counselling/mediation. An application for judicial separation must be based on one of the following six grounds:
One spouse has committed adultery.The behaviour of one of the spouses would make it unreasonable to expect the other spouse to live with them any longer.One spouse has deserted the other for at least one year at the time of the application.Both spouses have lived apart continuously for at least a year up to the time of the application and they mutually agree to the separation.Both spouses have lived at least three years apart at the time of the application for separation (whether or not both spouses agree to the separation decree being granted).The court recognises that the couple did not have a normal marriage relationship one year before the application for separation.The last is by far the most common ground on which the decree is granted, as neither spouse has to be shown as being at fault. Applications are made through the Circuit Court or High Court and court proceedings are held in private.3. Divorce
This is the termination of the marriage contract that allows spouses to remarry in the future. There are three requirements that you must meet to be allowed to proceed:
1. The couple must have been living apart (can be done under the same roof as long as you both lead separate lives) for at least four out of the five years before the application for divorce.
2. There must be no chance of a reunion.
3. Both spouses must show that there are arrangements for each other and the dependent child(ren).
NEXT WEEK
We will look at issues surrounding custody of children and entitlement to maintenance, family home and farm, tax and pension entitlements.
“What legal rights does a farmer’s wife have if she is in an unhappy marriage and wishes to leave? Can you cover such aspects as where to get advice in circumstances where the wife might be totally financially dependent on the husband? Is there an obligation to attend counselling? If there is a history of abuse, what is involved in getting a barring order? Who gets the kids? Who gets the house? What is involved in getting a separation and/or divorce?”
Free advice and legal
representation
Free advice is available through Free Legal Advice Centres (FLAC) or the Legal Aid Board. In FLAC, volunteer lawyers provide confidential, basic legal advice for free and in person across all areas of law, including family law, through their network of advice centres around Ireland.
They also offer a telephone information and referral line, as well as providing comprehensive practical guides on their website www.flac.ie
The Legal Aid Board can provide mediation in family disputes, and civil legal aid and advice to people who cannot afford a solicitor.
To get civil legal aid and advice, a person’s income and assets must be below a certain level ie they should have an annual income of less than €18,000 and their disposable assets must be less than €100,000 (not including the house the person lives in).
A calculator is available at www.legalaidboard.ie that can tell you whether or not you may qualify for legal aid and also your contribution towards civil legal aid and/or advice.
Counselling
Before anyone considers separation or divorce, solicitors have a legislative duty to advise their clients to attend counselling. However, there is no obligation on couples to attend. The Child and Family Agency funds voluntary organisations that provide marriage and relationship counselling, and further information on free counselling can be found at www.tusla.ie
Mediation
Mediation is a voluntary, confidential dispute resolution process in which a neutral third party (the mediator) helps parties to reach a settlement. It is a way for parties to find their own solutions, rather than having them imposed by a court.
Although the mediator may have a legal background, it is not the role of a mediator to give legal advice to either party.
However, the mediator may provide legal information to the couple where appropriate, in terms of procedures and the law.
The mediated agreement is not binding until it has been put into a legally binding format, drawn up by the parties’ solicitors.
The Family Mediation Service provides a free service and further information can be found at www.legalaidboard.ie
Domestic violence
and barring orders
Domestic violence refers to the use of physical or emotional force or threat of physical force, including sexual violence, in close adult relationships. As well as physical violence, it can also involve emotional abuse, the destruction of property, isolation from friends, family and other potential sources of support, threats to others including children, stalking, and control over access to money, personal items, food, transportation and the telephone.
Under the law, there are two main kinds of protection available: a safety order and a barring order.
1. A safety order is an order of the court that prohibits the violent person from further violence or threats of violence. It does not oblige the person to leave the family home. However, if they have left, it prohibits them from watching or being near the applicant’s home. A safety order can last up to five years.
2. A barring order is an order that requires the violent person to leave the family home.
The order also prohibits the person from further violence or threats of violence, and from watching or being near the applicant’s home. A barring order can last up to three years.
To get a barring order or a safety order, you must attend a District Court hearing. You do not need a solicitor to make an initial application, but it is recommended that you have legal representation for a full court hearing.
Womens Aid provides a court accompaniment service for free, and further information can be found at www.womensaid.ie
How do I actually go
about separating/divorcing?
1. Mutually-agreed separation
This is the cheapest option, as it does not involve the courts. Both spouses draw up and sign a binding legal contract that outlines the terms of the separation, through their solicitors or through mediation.
2. Judicial separation
This occurs when the couple cannot agree on the terms on which they will live apart after attending counselling/mediation. An application for judicial separation must be based on one of the following six grounds:
One spouse has committed adultery.The behaviour of one of the spouses would make it unreasonable to expect the other spouse to live with them any longer.One spouse has deserted the other for at least one year at the time of the application.Both spouses have lived apart continuously for at least a year up to the time of the application and they mutually agree to the separation.Both spouses have lived at least three years apart at the time of the application for separation (whether or not both spouses agree to the separation decree being granted).The court recognises that the couple did not have a normal marriage relationship one year before the application for separation.The last is by far the most common ground on which the decree is granted, as neither spouse has to be shown as being at fault. Applications are made through the Circuit Court or High Court and court proceedings are held in private.3. Divorce
This is the termination of the marriage contract that allows spouses to remarry in the future. There are three requirements that you must meet to be allowed to proceed:
1. The couple must have been living apart (can be done under the same roof as long as you both lead separate lives) for at least four out of the five years before the application for divorce.
2. There must be no chance of a reunion.
3. Both spouses must show that there are arrangements for each other and the dependent child(ren).
NEXT WEEK
We will look at issues surrounding custody of children and entitlement to maintenance, family home and farm, tax and pension entitlements.
SHARING OPTIONS