Foreign Divorce Solicitors Kildare:
To apply for any relief from an Irish court arising from a Divorce in another country, your divorce must first be recognised in Ireland. We have dealt with this in our earlier Section “Recognition of Foreign Divorce” and is generally brought in the Circuit Family Law Court in Ireland.
Kelly Hoban Solicitors can advise you in relation to your entitlement to apply for any further reliefs arising from a foreign divorce.
Such further applications to court might include for example an application in relation to maintenance, access, or custody in relation to children who live in Ireland.
It may also be necessary to bring such an application seeking a Court Order in relation to property in Ireland by way of a Property Adjustment Order or in relation to your Irish pension by way of a Pension Adjustment Orders.
It is important to note foreign Court cannot make Orders in relation to Irish property or Irish pensions as such assets are governed by Irish Law.
If you have and Irish pension or hold property in Ireland it is essential that you take that extra step to deal with important assets post foreign divorce. Our expert team will guide you through the process of applying for Relief Post Foreign Divorce ensuring that your assets are protected for your future.
Foreign Divorce Solicitors Kildare
Prior to making a Decree of Divorce the court must be satisfied that certain conditions have been met as follows:
- As referred to above, the parties must have been living apart for a period of 2 out of the previous 3 years prior to the application being made.
- Either party must have been domiciled in Ireland when the application is made or, either party must have lived in Ireland for at least a period of 1 year prior to the application being made
- There is no prospect of reconciliation between the parties
- Proper provision has been made for the spouse and any dependent children (this relates to the issues referred to below i.e., maintenance etc)
At the time of granting a Decree of Divorce, the court will also make Orders in relation to the following:
- Custody and access
- Maintenance and lump sums payments
- The family home and any other property
- Any other assets
- Succession rights
- Pensions (Pension Adjustment Order)
The Orders are final and only in exceptional circumstances can a spouse go back to court in respect of any of the Orders made, for example a significant change in either spouse’s financial situation.
