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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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Do you cover Family Law in Ireland specifically divorce and

Customer Question

Do you cover Family Law in Ireland specifically divorce and how maintenance is decided?
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Nicola-mod replied 3 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 3 years ago.

Thank you Nicola,

I have used your service previously and was happy.

On this occasion your system will not accept my email address for notification. It says the email address I have given is registered to another client. However your system had accepted my money 49euro and has acknowledged receipt to my (same) email address i.e. *****@******.***. Can you sort this in admin for me please.

Regarding your query, on previous occasion with queries for Irish Family Law, "Buachaill" responded.

I will wait a few more days.

Thank you. Edward.

ps please advise re above.

Expert:  Nicola-mod replied 3 years ago.
We will continue to look for a Professional to assist you. I will ask Customer Support to sort the issue re your email address.
Thank you for your patience,
Expert:  Buachaill replied 3 years ago.
1. What is your question?
Expert:  dianne-cssm replied 3 years ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at [email protected] and provide us with your email address and a link to this question page so that we can help you. ( Thank you, ***** ***** Customer Support Team.
Customer: replied 3 years ago.


I have sent email to support.

my email address *****@******.***.

regards Edward.

ps I await an answer to my query.

Customer: replied 3 years ago.

hello again. My Query relates to family law in Ireland, specifically divorce court. We are separated 5 years now. We have no agreement in place. My wife wants the judge to make a decision regarding her claim for maintenance. I am of the understanding that only present income details of each are all that the judge will take into consideration when deciding.

Q. Are there mitigating circumstances that can be brought into play on my behalf e.g age difference, or?


Expert:  Buachaill replied 3 years ago.
1. At the outset, it is not only income details of each spouse which will be taken into account when determining maintenance. If one party has substantial or financial assets, then these will be taken into account when determining maintenance as well. However, the primary rule is that 20% of net after tax income is payable in maintenance where there are two children. However, if one party has substantial savings this will be taken into account when determining maintenance. Secondly, there is no such thing as mitigating circumstances. Each spouse is expected to provide for their children. This is an iron rule. There are no exceptions. Just because you might be older, this makes no difference. So you can expect to pay for your children one way or another.
Customer: replied 3 years ago.

Thank you for your reply. Not your fault there has been a delay - in admin system of JustAnswer.

If I may I wish to add more detail to my query to allow you to give a considered opinion. (case study).

We are separated & living apart 5 years. There are no dependent children. I am OAP @67yoa. In questionable health , my income is limited to state pension & small occupational pension. I am 24/7 carer for mother & living in her house. I may have the opportunity of living on in the house after her death not guaranteed at this time.

My wife is 53yoa. Working part-time. (with little income). She has potential to earn more. Neither of us have any savings or assets. No inheritance is expected & there are no life insurance policies. We have some joint debts. I am technically insolvent with debt in excess of 100k, Family home was sold in negative equity (by agreement).

Q. In these circumstances is there anything I can say to sway a decision not to have to pay maintenance from my limited income.

I am a lay litigant - I do not have the funds to engage a solicitor and barrister. Case progression meeting early next month.


Expert:  Buachaill replied 3 years ago.
2. Sorry, we have been talking at cross-purposes here. When you spoke of maintenance, I assumed there were children involved. Where it is purely the spouse who is seeking a contribution to living costs, then the situation is different. There is no policy of giving a spouse a contribution to living costs. Essentially, where there are no children, then each spouse is expected to provide for themselves. Here, as your ex spouse is herself working and you are not, as you are relying upon pension income, it is highly unlikely that any contribution to her living expenses will be made. Since the early 2000s when there have been a series of cases under the divorce legislation, the rule has arisen that each spouse is expected to work to provide for themselves. Accordingly, your wife will first be expected to work full time before she can ever make a claim upon your income. Accordingly, in the circumstances, you have outlined, no contribution will be ordered to her living expenses. YOu will be able to retain your own income and she will be expected to either seek State support or work full time. In future, be aware that maintenance is what is referred to when speaking of children, not wives.