Family Law
Q: What is Family Law?
A:
Family Law can range from a number of issues such as access, maintenance, regularising breakdown of a relationship/marriage, to custody.
With the introduction of the Civil Partnerships and Cohabitant Act 2010, this has opened a whole new are in Family Law. The Act 2010 has established a redress scheme to couples of the same or opposite sex who are cohabiting but not married or not a registered Civil Partnership.
Q: Do I have to always apply to Court to enforce my rights?
A:
It is not always necessary for parties to apply to Court. If the parties come to a mutual agreement then it is always possible for agreements to be drawn up and signed by both parties as a legally binding document. However, in our experience such agreements, and in particular agreements relating to maintenance and access should be made an Order of the Court from an enforceability point of view.
Q: Am I entitled to claim maintenance?
A:
The Family Law (Maintenance of Spouses) Act 1976 does not apply to unmarried partners. If an unmarried couple separates, the dependant partner cannot claim maintenance for him or herself. However under the status of Children’s Act 1987 and the Family Law Act 1995, children under 18 years (or between 18 and 23 if they are participating in full-time education) are entitled to maintenance.
Married partners are entitled to claim for maintenance from their spouse.
If a partner or married spouse fails to pay maintenance for any children or their spouse the dependant partner can go to the District Court or the Circuit Court to establish a claim for themselves and any dependent children.
Q: Can I apply for access if my spouse/partner refuses to allow me see the children?
A:
You are entitled to apply to the District Court or the Circuit Court for an Order granting Access.
Q: Who pays for the legal costs?
A:
Generally in Family Law cases each party pays their own legal costs. However, if Family Law proceedings are issued before a Court, the Court can make one party discharge the other party’s legal costs (either in full or in part), however this is generally in exceptional cases.
Q: Am I entitled to know how much my Solicitor will charge me?
A:
Yes, and in fact all Solicitors are legally obliged to set out an estimate of fees as soon as reasonably possible after taking instructions from a client.
