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Oliver Burke Solicitor


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Family Law Department

Our family law department takes instructions from clients who wish to secure a Judicial Separation or Divorce decree.

Our input commences with formal instructions and an estimate of the costs and expenses associated with the case.

Where a marriage has irretrievably broken down and the couple cannot regulate their future relationship by agreement or mediation, recent legislative changes give the Circuit and High Courts jurisdiction to impose a solution on the parties.

The decision to sue for a Judicial Separation or Divorce decree is based on the actual circumstances of the case in hand and, the personal requirements of the client. A principal consideration is the length of time the Court deems there to have been "no normal marital relationship" between the parties. Actual separation prior to the Court application is not necessary to successfully prosecute a case. Both applications will usually result in one spouse leaving the family home, with the Divorce decree allowing the parties to remarry.

Matters for resolution by the Court include:

listbtn.gif (947 bytes) Ownership and occupation of the family home.
listbtn.gif (947 bytes) Maintenance of the respective spouses
listbtn.gif (947 bytes) Custody, access to and maintenance of the infant children
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listbtn.gif (947 bytes) Succession Act rights

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