What Is It?
Under Irish law, all parents have a legal duty to provide financially for their child in accordance with their means. This obligation applies to all parents whether they are married or unmarried.
A similar obligation exists in relation to supporting a spouse or civil partner depending on the needs and means of each party. Cohabiting partners do not enjoy the same legal rights unless they can prove that they are financially dependent on their partner.
The Courts will consider the financial position of each party and the need of any dependents when considering what Order to make.
Unmarried Couples With Children
If you are unable to agree maintenance or are not receiving what you agreed with your former partner, we can send them correspondence asking to provide for you and your children. If that is unsuccessful, an application can be made through the District Court to compel them to pay. Any Court Order for maintenance is usually payable through the District Court office.
Financial Settlement on Marital Breakdown
Often the most contentious area of a marriage breakdown is trying to untangle a couple’s finances and make proper provision for each party and any dependents.
Full financial disclosure on both sides must be made so an accurate view of the family’s finances can be formed. Sometimes, it is necessary to bring an application for a Court Order to freeze assets and prevent your former spouse from removing them from the asset pool.
If Judicial Separation or Divorce proceedings have already been issued and problems arise with payments from your former spouse, or if you are not receiving maintenance, an interim application can be made. Any Order will only stay in effect until the full hearing of your matter.
We can talk you through your options. The first step is always to try and negotiate an agreement without the need for contested Court proceedings. Contact us today.