Ask a solicitor: The relationship with my spouse has completely broken down
If your spouse is choosing access times unilaterally, you are entitled to seek formal arrangements.
Dear Reader,Â
Thank you for reaching out. When a relationship ends, things can feel very uncertain, especially when children and shared responsibilities are involved. Irish family law offers you several protections and ways to regulate the situation fairly.
If your spouse is choosing access times unilaterally, you are entitled to seek formal arrangements. Where parents cannot agree, the Court can set a clear access schedule so that your child has consistency and both parents understand what is expected. The Court focuses on what works best for your child’s wellbeing, routine and emotional stability. Orders can cover weekday and weekend access, holidays, special occasions and communication between the parents. If your spouse is unreliable or cancelling repeatedly, this is something the Court will take into account.
You are entitled to ask your spouse to contribute towards your child’s expenses. If they will not do so voluntarily, you can apply for a maintenance order. The Court examines income, outgoings and each parent’s capacity to contribute. Maintenance can be adjusted later if circumstances change. If you require support for yourself while things settle, you may also apply for spousal maintenance depending on your financial situation.
Now that your spouse has moved out, you may be worried about remaining in the home or managing mortgage or rent payments. The Court can make an order allowing you to stay in the property, either for a defined period or longer, depending on your circumstances and your child’s needs. The Court’s decisions on housing aim to provide stability while the separation is being resolved.
Both parties must provide full and accurate details of all income, property, debts and savings. If you believe your spouse is not being open, you can request documentation or ask the Court to order disclosure. This ensures that decisions about maintenance, housing and long-term arrangements are made on the basis of complete information.
If at any stage you feel unsafe, the law provides immediate supports such as safety orders, protection orders or barring orders. These are dealt with urgently and can restrict contact or require a person to stay away from the home.
If communication improves and you both feel able to negotiate, mediation may help you reach agreement on access, finances and living arrangements without contested hearings. However, mediation should only be used where both sides can participate freely and safely.
Separation becomes more complex once issues such as access schedules, maintenance and housing arise. Even if you wish to avoid conflict, it is sensible to take legal advice so that your rights and your child’s rights are protected, and any agreements made are enforceable.
Email: info@walshandpartners.ieÂ
- While every effort is taken to ensure the accuracy of the information contained in this article, Karen Walsh does not accept responsibility for errors or omissions howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.
