There exists in Ireland an obligation on a spouse who is working to maintain his or her family. There can be maintenance specifically for the other spouse and the children
Maintenance applications may be brought in both the District Court and in the Circuit Court.
In the District Court there is a limit of €500.00 per week to a spouse and €150.00 per week to a child. Above and beyond those amounts applications must be made to the Circuit Court.
It is of course possible to agree these figures without any necessity of going to Court.
Where an application is to be made to the Court, Conways Solicitors can help with that application and prepare the necessary papers along with the Affidavit of Means etc.
The maintenance can be deducted either directly from the spouses salary through an attachment of an Earnings Order or it can be routed through the District Court Office each week or month, depending on the Agreement or the Order.
Conways Solicitors can advise in respect of the level of maintenance that should either be paid or be received and assist with the entire process from start to finish on applying to Court or negotiating a voluntary settlement.
The first step, family home and property:
While times have changed dramatically in the last eighteen months, it was quite the common trend for the vast majority of all family law settlements to arise out of the proceeds of selling the family home.
While this is no longer as attractive an option or importantly it is not likely to be an option that is available to everybody as there may be only a moderate amount of equity left in the home, it nonetheless is an option.
Whether the property is owned in one name or joint names, a property cannot be sold without the consent of both spouses. Different factors can be taken into account when trying to decide the shares that each spouse has in the house and these are:
- Length of the marriage,
- Who owned the house before the marriage,
- Was the property bought after the marriage commenced,
- Who contributed to the purchase price.