Irwin Solicitors
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Wednesday, 11 January 2012 10:00

Fair Warning on Maintenance

 
The Judgement handed down in the recent case about enforcement of maintenance means that certain requirements must be fulfilled before committing a defaulter to prison.

Generally, where the person liable to pay maintenance defaults , the court can have that person committed to jail for contempt of court order. Certain safeguards were introduced by the Court Orders Amendment Act 2009.

In this particular case, a man was committed to jail for failure to pay maintenance in circumstances where he was not given adequate opportunity to pay the outstanding amount, nor was he warned of the possibility of being imprisoned for failure to pay.

When he appealed to the High Court, he was released for the above reasons.

It is clear that no  orders  for imprisoned should be made in the future without the safeguards outlined above being in place.

Published in Blog
Wednesday, 12 October 2011 10:38

Taxation implications of Cohabitants Act 2010

Does the 2010 Cohabitants Act change the rules of Taxation between unmarried couples?

Published in Family Law
Thursday, 17 February 2011 19:05

Seminar by leading Collaborative lawyers

COLLABORATIVE LAW DEVELOPMENTS

On Friday the 4th of February 2011 a group of 25 Collaborative Lawyers gathered at the Stillorgan Park Hotel to hear William Hogg and Duane Plant of the Cambridge Law Practice share their valuable experience in Collaborative Law.


Published in Collaborative Law
Thursday, 17 February 2011 18:49

Collaborative law Seminar

COLLABORATIVE LAW DEVELOPMENTS

On Friday the 4th of February 2011 a group of 25 Collaborative Lawyers gathered at the Stillorgan Park Hotel to hear William Hogg and Duane Plant of the Cambridge Law Practice share their valuable experience in Collaborative Law.


Published in Collaborative Law

Resolution, which was formerly known as the Solicitors Family Law Association (SFLA), is an organisation of 5700 lawyers based in the United Kingdom who believe in a constructive, non-confrontational approach to family law matters. Resolution also campaigns for improvements to the family justice system.

The Law Commission in the UK released a paper on the status of Pre-nupital Agreements and the Family Law Association, Resolution has called for pre-nupital agreements to be legally binding.

 

Published in Collaborative Law
Tuesday, 01 February 2011 09:41

Study of Family Law Courts

A study of the Family Law Courts has been carried out for the Minister of State for Children by Dr Evelyn Mahon, senior lecturer in social work and social policy in Trinity College Dublin, and Elena Moore, a research graduate.

Published in Divorce

Partnership laws come into force

PAUL CULLEN

Sat, Jan 01, 2011

New laws allowing same-sex couples to register their civil partnership have received a mixed reception as they come into force today.

 

Court rules UK child maintenance laws discriminated against same-sex couples.

Published in Family Law
Friday, 02 July 2010 10:27

Key Points of Civil Partnership Bill

The key points

In this section

CIVIL PARTNERSHIPS

Same-sex partners can avail of marriage-like benefits in a range of areas such as property, social welfare, succession, maintenance, pensions and tax.

The first formal civil unions next year were carried out in March of this year, 2011.

Prospective partners are required to provide three months' notice of a civil partnership. Ceremonies  take place in civil registry offices or other approved settings.

The legislation also provides for recognition of civil partnerships, or their equivalents, from other countries.

COHABITING COUPLES

A redress scheme is available for same sex or opposite sex cohabiting couples who have been living together for five years or more.

It will allows for a "financially dependent" cohabitant to apply to court for redress such as a share in property, a lump sum, periodic payments or a share in the other person's pension.

If the relationship ends through death, the surviving cohabitant can make a claim on the estate.

For those who want to opt out of the redress scheme, couples must register a "cohabitant agreement" which regulates the shared financial affairs of the couples.


Thursday, 22 September 2011 10:44

Cohabitation and Civil Partnership

2010 CIVIL PARTNERSHIP/COHABITANTS ACT

 

Published in Family Law
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