Howell Kelly Solicitors Rathgar Clondalkin Dublin

Family Law Solicitors Clondalkin & Rathgar, Dublin

Family Law

Our Expertise

Howell Kelly Solicitors are experts in both Family Law and Child Protection.  Michael Kelly and his team have vast experience in a range of areas from judicial separation and divorce to the delicate issues surrounding the protection of children. Michael is a member of the Irish Family Law Association. Our team has worked extensively with clients to get the best outcomes in relation to their cases. Howell Kelly Solicitors provides a full range of Family Law services which have the client at the centre of our work.

Blue Family Law Book with Solicitor's Gavel on DesK

Supporting Our Clients

At Howell Kelly Solicitors, we are used to dealing with clients during difference phases in their lives. While this may be during a positive time, such as adopting a child or making provisions for loved ones, we also know that sometimes you need our services during a stressful period in your life. We are here to support our clients, no matter what their situation.

Often people need to talk to us because of a separation, divorce or because of maintenance or child welfare issues. We understand the pressures you are under and we work closely with you, using sensitivity and understanding. We provide expert, clear and informed advice in a supportive environment. We know that you may be in a difficult or emotionally trying situation and that you need a solicitor who is an expert in the area of Family Law or Child Protection. We also are aware that you need someone who is supportive and someone you trust to represent you in the Family Law Court system. Contact us at any time to discuss your legal needs. We will treat you with respect and give you the best legal advice and/or representation available.

Family Law Services

We provide a range of Family Law services. We are highly experienced in dealing with clients with diverse situations and needs. The list below gives you an idea of just some of the services included. The services are tailored to your requirements and we deal with you on a one to one basis, to get the best result for your particular situation.

Divorce and Separation

The breakdown of a relationship can be a very difficult time for a client. Whether it is the ending of a civil partnership or a marriage, it is vital to seek legal advice. If you were part of a co-habiting couple, we can also advise and represent you. We work with clients to help them move on with life, in the knowledge that are being supported by an expert legal team who has their interests at heart. We deal with a range of issues, including:

• Separation Agreements

• Judicial Separation

• Divorce in Ireland

• Foreign Divorce

• Annulment

• Child Custody & Family Maintenance Payments

• Tax, Pension and Property Rights

Our team have experts in the areas of access, maintenance, tax and inheritance. We also guide clients through their rights and the law. We do with the skill and knowledge gained through years of navigating this complex area.

Access

Access arrangements can be difficult to agree and enforce. We have the experience you need to support you in relation to access, whether it is to represent you in a family law case or aid in the setting up of and enforcement of access arrangements.

Custody & Guardianship

As experienced practitioners in the area of child custody and welfare, we know the intricacies of the law in terms of custody cases, the establishment of guardianship, and the rights of extended family members, including grandparents. While this is a stressful area for families, it helps to know that you have the skill of Howell Kelly Solicitors at hand, to guide, advise, and support you during a sometimes difficult time.

Maintenance

At Howell Kelly Solicitors, we work with clients to come up with real solutions around maintenance, whether these are in the area of mediation and negotiation, or in formal legal cases. We work on getting the best possible outcome for you or your family. As members of the Family Law Association, we are also at the forefront of developments in the area.

Please contact us on 01 4030777 for a written quote

Cases in relation to Domestic Violence

We know that people who experience domestic violence also experience trauma and fear. The team at Howell Kelly Solicitors have both the sensitivity and expert legal knowledge to help. All of our staff are experienced in dealing with clients with compassion. We have the legal expertise to guide you through any process with care and confidentiality.

Property and Assets

You may need our Family Law services in relation to the family home or assets which you may share or have shared with a partner or spouse. We will work with you in determining your rights or responsibilities and in securing the best outcome for you in this regard.

Tax and Succession

As experts in the tax and pensions area of Family Law, we can advise and help you through the complicated realm of the tax implications of divorce or rights to assets following the death of an interested party. We can also assist on determining any rights to pensions or windfalls in relation to a former partner.

Child Welfare & Protection

Whether you are a parent, full-time carer for a child, a relation or an interested party, we know that child welfare and protection will be at the forefront of your thoughts. If you are separated or divorced or if you have concerns about a specific child, you can contact us to discuss any aspect of child welfare or protection. It may be that you want a greater say in a child’s education or that you may have concerns about a child close to you.  We provide services in a vast array of areas which may include diverse issues such as:

• Protection of Children in the Care of someone else

• Care Orders & Emergency or Voluntary Care Orders

• Concern about a Child’s Health or Wellbeing

• Child Abduction by a Parent

• Bringing a Child Abroad

• Holiday Arrangements

• Schooling or Upbringing of a Child

• Rights of Parents or Guardians outside of Marriage or Civil Partnership

Howell Kelly Solicitors have vast experience in dealing with Health Boards, Social Services, and the Family Courts. We also have developed relationships with Social Workers, Educational Services, and the Gardai. Whatever your query in relation to child welfare or protection, we have the skills and experience in the area to give you the most up-to-date and expert advice.

Payment Plans

Our pricing structure is flexible depending on the complexity of the case and we are often prepared to enter into reasonable payment plans.

Expert Advice with Compassion

The team at Howell Kelly Solicitors recognise that you may be contacting us at a time which is difficult for you. It’s important for you to know that we have experience in dealing with a diverse range of people from all backgrounds. We treat all our clients with respect and compassion. You will be safe in the knowledge that, not only do we have an expert team who lead in the areas of Family Law and Child Protection, we have the people skills to match. You can contact us at any time to discuss your needs in a safe and non-judgmental environment.

Please contact us on 01 4030777 for a written quote

FAMILY LAW FREQUENTLY ASKED QUESTIONS

Am I Eligible for Divorce?

In 2019, Ireland amended the Family Law Act, reducing the number of years that spouses must live apart before applying for divorce from 3 years to 2. With Ireland’s no-fault system, either partner can begin divorce proceedings after 2 years of living apart, regardless of whether the other party is opposed to ending the marriage. In addition, at least one of the spouses must have lived in Ireland for at least a year at the time of processing the application. Finally, there must be no possibility of reconciliation, and arrangements must be made to look after your spouse and children for the decree of divorce to be granted by the court.

What are the legal options for ending a marriage?

There are multiple ways to end a marriage in Ireland, depending on the couple’s situation. One option is to enter into a separation agreement, which may be preferable for couples who are able to agree upon the terms of their separation. Another option is a judicial separation, which is applied for when the couple are unable to agree the terms by which they will live separately. A decree of judicial separation must be granted by the court and does not give you the right to remarry. The final option is divorce, which can only be applied for after 2 years of living apart. Whilst it’s not necessary to have entered into a separation agreement or had a decree of judicial separation granted to get a divorce, a court may review these separation arrangements. A decree of divorce gives you the right to remarry.

Do I need a solicitor to get a divorce?

No. If you do not want a lawyer involved in your case, it is perfectly fine to represent yourself. However, there are many complex factors that you will need to deal with that may prove hard to navigate through without professional legal assistance. If you are in any disagreement with your spouse about the terms of your divorce, then it is highly advisable to consult with a solicitor.

How do I apply for a divorce?

If you meet the conditions, you can apply for a decree of divorce through your local circuit court office. This process involves submitting 5 documents: an application form (known as a Family Law Civil Bill), a sworn affidavit of means (form 37a) setting out your financial position, a sworn affidavit of welfare relating to your children (from 37b), a document certifying that you have been advised about mediation (form 37d), and your original state marriage certificate. If you are your spouse disagree about any of the details of your divorce, there are other documents that will need to be prepared including an Appearance (outlining the person’s intention to contest the divorce) and a Defence (outlining disputes contained in the Family Civil Law Bill). Your solicitor can assist you with any or all aspects of this process.