Family Law
Tailored legal advice.
Experienced Separation Solicitors in Tralee, Co. Kerry
The breakdown of a relationship can be one of the most challenging times in a person’s life. Whether you are considering a separation, negotiating a separation agreement or seeking a judicial separation, it is important to obtain clear legal advice at an early stage. At Whelehan Solicitors, we provide experienced and compassionate family law services for clients throughout Tralee and County Kerry. We explain your legal rights, help you understand your options and work to achieve practical solutions that protect your future.
The Process of Separation
When separating or divorcing, several critical factors must be addressed. These include the division of assets, child custody arrangements, and spousal maintenance. Debt management is another common issue that needs careful consideration. In every case, our goal is to find a realistic and feasible solution that meets your individual needs. If the parties cannot agree on custody and access issues, the family courts will make decisions based on what is in the best interest of the child or children involved.
Separation Agreement/Deed of Separation
A Separation Agreement, or Deed of Separation, is used when married couples decide to separate and agree on the terms. Both parties must agree on the separation terms, and Affidavits of Means should be sworn before entering into a Deed of Separation. This legally binding document outlines assets, income, debts, monthly expenses, and pensions, ensuring that each spouse’s rights and obligations are clearly defined.
A Deed of Separation can address various issues, including:
- Access and custody arrangements for dependent children.
- Maintenance arrangements for both spouses and children.
- Division of assets and property, including the family home.
- Financial obligations of both parties.
- Taxation aspects that affect both parties.
- Succession rights for both parties.
Once a Deed of Separation has been entered into, the parties cannot petition the courts for a Decree of Judicial Separation on the same issues. However, if the necessary criteria are met, the parties may apply to the court for a divorce.
Judicial Separation
When couples cannot agree on the terms of their separation, either spouse may apply to the courts for a Decree of Judicial Separation. This can be sought in either the Circuit Court or the High Court, and all cases are heard in private to protect the parties’ privacy. Before granting a Decree of Judicial Separation, the court will consider whether the couple has explored alternatives such as counseling, reconciliation, mediation, and other conflict resolution methods.
The court may make orders regarding:
- Division of family assets, income, and expenditures.
- Maintenance of spouses and children.
- Custody and access arrangements for children.
- Debts and liabilities of the parties.
- Pensions and succession rights.
The grounds for judicial separation include adultery, unreasonable behavior, desertion, living apart for specific periods, or the breakdown of the marital relationship. Importantly, remarrying or entering into a civil partnership is not permitted after a judicial separation decree.
If you are facing a separation or divorce, Whelehan Solicitor in Tralee is here to provide expert legal advice and representation. Contact us to discuss your situation and explore your options.
Why Choose Whelehan Solicitor?
Choosing Whelehan Solicitor means partnering with a firm dedicated to providing practical legal solutions tailored to your business needs. We understand the complexities of business law and work diligently to help you navigate legal challenges, seize opportunities, and achieve your business goals.
For expert legal advice and representation in any of the above areas, contact Whelehan Solicitor in Tralee. Let us help you safeguard your business interests and achieve success in your commercial endeavors.
Whelehan Solicitor
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- 066 712 9782