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Divorce in Ireland In November 1995, Ireland voted to remove the constitutional ban on divorce, with the YES campaign sweeping a narrow 51% victory. So, 20 years later, what have been the effects of that decision? Contrary to the fears of the NO campaign, the Irish are slow to divorce demonstrated by the lowest rate of divorce in the EU and third lowest in the world. People in their 20s and 30s have grown up with the option of divorce, yet people continue to marry in large numbers. The statistics - In 2012, the marriage rate was 4.6%; this is higher [...]

Family mediation is a process in which those involved in family breakdown, whether or not they are a couple or other family members, appoint an impartial third person to assist them to communicate better with one another and reach their own agreed and informed decisions concerning some or all of the issues relating to separation, divorce, children, finance or property by negotiation. Mediation is short term unlike counselling and therapy which may be long term. An initial information meeting is offered to each parent separately to explain mediation and other sources of help, and consider ways forward. If both parents or [...]

Enduring Powers are concerned with the care of a person and the management of their assets during the lifetime should they become mentally incapable of managing their own affairs. In completing an Enduring Power of Attorney, a person appoints an Attorney to look after his or her affairs if such an eventuality should arise. The person making the Enduring Power of Attorney can decide what powers the Attorney will have. These may include powers to deal with personal care decisions only or to deal with all aspects of the Donors affairs should the need arise. The Enduring Power of Attorney has [...]

Where a person who has not executed an enduring power of Attorney is becoming mentally incapable of looking after their own affairs an application can be made to the President of the High Court to have the person made a Ward of Court. If the court is satisfied that the pesron is incapable of managing his or her affaris the President of the High Court will make an order taking that person into Wardship and will appoint a pesron callled "A Committee" with whom the Wards of Court Office will liaise with regarding decisions to be made about the Ward. The [...]

POVERTY PREVAILS – Are you or is someone you know affected by poverty? When we think of the term poverty, we often associate it with third world countries or inner city slum areas. However, poverty is very close to home these days. According to the TheJournal.ie, as of this month, July 2016, 750,000 people in Ireland are living in poverty, that is, they are living on less than €218 per week. A definition from the National Anti-Poverty Strategy explains that, “People are living in poverty if their income and resources (material, cultural and social) are so inadequate as to preclude [...]

When people hear the word ‘Coaching’, most people think of sport. However, coaching can be applied to anything. You can be coached in getting a new job, taking up a new hobby, making a significant change in your life or through a relationship difficulty. Positive psychological coaching very much focuses on the positive and the future. Unlike counselling, where a lot of emphasis is put on what has happened in the past and perhaps negative experiences such as abuse, heart-break or bereavement, positive psychological coaching can be liberating. There are different methods used for this type of therapy, depending on the [...]

Mediation is a structured process whereby two or more parties to a dispute, attempt to reach an agreement on the settlement of their dispute with the assistance of a mediator. A mediator is any third person who is asked to conduct mediation in an effective, impartial and competent way. When people hear the term mediation, it often refers to a service to help couples who have decided to separate or divorce, or who have already separated, to negotiate their own terms of agreement, while addressing the needs and interests of all involved. Mediation allows people to make their own decisions. Mediation [...]

UCC will soon be host to Ireland’s first “Sports Law Clinic”. The launch on 23rd November provided free legal info and advice to anyone who attended. Sports law related queries for individuals, students, volunteers, athletes and coaches etc. were answered. There are only 2 other sports law clinics in the world. One of these is in Indiana and the other at Harvard University, Boston, both in the USA. Aisling Parkes & Sean O’Conaill, lecturers @ UCC originally established the project. A spokesperson for the clinic explained that it will offer a pro-bono (free) and confidential service to the University’s sporting sector [...]

The Family and Child law committee of the Law Society of Ireland has issued the following guidelines during COVID-19 in relation to access: Access 1. It is important that common sense prevails in relation to access, in the current climate. 2. Parents must be vigilant to ensure they communicate positively with each other and make sure that they keep each other updated regarding the health of the child/children and their own health. 3. If there is a Court Order in place, this should be complied with to the greatest degree possible in the circumstances. 4. If there is no Court Order [...]

O'Donovan & Co Solicitors is a member of the Mediators' Institute of Ireland and promote and encourage mediation as a means to resolving family law matters. Please note the following press release from the MII which shows that mediation, when used, is very successful and no doubt ensures a less adversarial approach to problem-solving. Mediators' Institute of Ireland (MII) Highlights the Success Rates for Mediation Achieved by the FSPO Financial Services & Pension Ombudsman (FSPO) 2019 published figures show that of the 1,399 complainants who received redress and/or compensation 983 of these were resolved through mediation. Thursday, 2nd April 2020: “It [...]