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Collaborative Law is a new and innovative legal mechanism recently introduced in Ireland. It is primarily used in Family Law.
A couple who have decided to separate may choose to use the Collaborative Law system to regulate their affairs on separation/divorce.
Collaborative Law represents a commitment to steer clear of the traditional court-based approach to separation/divorce. The couple commits to making every effort possible to reach a settlement that satisfies, as much as is possible, the needs of both parties in the post-separation phase of their relationship.
Collaborative Law consists of a series of face-to-face meetings where the couple and each of their solicitors meet to discuss issues of concern. The agenda is agreed in advance of the meeting, allowing both parties to prepare fully with the aid of their legal adviser.
The collaborative process has the family unit as its focus. It aims to promote mutual respect between the parties. It is an invaluable tool, helping otherwise disputing parties to continue to co-parent in a post-separation environment.
Remember, just because you did not make a success of your marriage does not mean that you cannot make a success of your separation.
Is Collaborative Law for you?
Collaborative Law is not for everyone. To help you decide if Collaborative Law is the best option for you, why not call to make an appointment. Many users of Collaborative Law use specially trained mental health professionals to help them deal with the emotional fallout that surrounds family disputes. This is a good opportunity for clients to stay focused on the long-term aim of parting ways with the minimum distress to children and with maximum respect for the individual. Mental Health Professionals can also give advice as to whether the Collaborative Process is for you.
DIVORCE / SEPARATION
Marriage breakdown is increasingly common in Ireland. It remains one of the most serious, significant and difficult times in a person's life. When choosing your solicitor be sure to choose someone you can relate to, someone who listens and understands you.
It is equally important to choose a solicitor who will:
For some people, on the breakdown of their marriage, there is no need to enter into litigation. A separation agreement is a legally binding contract setting out the terms upon which the parties agree to separate. Unfortunately the separation agreement may not provide fully for your needs, but where it does, it can be the ideal alternative to litigation. We can help you to assess whether a separation agreement is the right option for you.
Non-marital relationships account for one in three births in Ireland and are steadily on the rise. Sometimes, given the absence of the rights associated with marriage, non-marital relationships can leave people quite exposed. Whether you are an unmarried father or a stay-at home-mum are you aware of your rights? Are you aware of your lack of rights? What steps can you take to protect yourself? If you have concerns regarding any of the issues raised here, ring in confidence for an appointment.
The Unmarried Father
Under Irish Law, the unmarried father is in a particularly vulnerable position, having no natural or constitutional rights whatsoever. He only has a legal right to apply to the court to be appointed a guardian or custodian of his children. It is by virtue of being a guardian or custodian of a child that the unmarried father can copperfasten his rights and responsibilities in respect of his children. We can represent you in all actions associated with protecting your position.
The Unmarried Mother
Under Irish Law, the unmarried mother is the sole guardian and custodian of her children unless a court order is made appointing a third party (e.g. the father) a guardian or custodian.
GUARDIANSHIP / CUSTODY / ACCESS
The law concerning children is generally covered by issues in respect of guardianship, custody and access. Get the right legal advice at O'Shea-O'Neill Solicitors regarding where you stand with your children and partner and what action you can take to secure your position. Issues such as custody and access usually take centre stage in marital breakdown.