Family Law Flashcards
What is a requirement for couples under the Family Law (Divorce) Act 1996?
Couples must have lived apart for 2 out of the 3 previous years. Living apart includes couples still living at the same property but not in an intimate or committed relationship.
What does the Family Home Protection Act 1976 state about the family home?
The family home cannot be sold or remortgaged without both spouses agreeing, regardless of which spouse owns the family home.
What can couples do under the Judicial Separation & Family Law Reform Act?
Couples can apply to court if they can’t agree on separation agreements or if only one partner wants to separate.
What are the grounds for judicial separation?
- One spouse committed adultery. 2. One spouse deserted for 1 or more years. 3. Unreasonable behavior (e.g., alcoholism).
What does the Family Law (Maintenance of Spouses and Children) Act 1976 allow?
Dependent spouses and/or children can claim financial support (maintenance) from the other spouse.
Who qualifies as a dependent child under the Family Law (Maintenance of Spouses and Children) Act 1976?
A dependent child is defined as under 18 or up to 23 if in full-time education or has a disability.
What is the purpose of the Domestic Violence Act 1996?
To protect individuals threatened with sexual, physical, or psychological abuse in the home.
What is a safety order under the Domestic Violence Act 1996?
A safety order prevents the alleged person from using or threatening violence against the individual for 5 years. The person does not have to leave the family home.
What is a barring order under the Domestic Violence Act 1996?
A barring order requires the violent person to leave the family home and prohibits their return until the court decides. It lasts for 3 years.
What is an emergency care order under the Child Care Act 1991, 1997?
An emergency care order allows the HSE to take custody of a child for up to 8 days, after which the HSE can apply to court for a care order.
What is a supervision order under the Child Care Act 1991, 1997?
A supervision order is granted to monitor the child, allowing Tusla personnel to visit the child in their home at regular intervals to check on their health and welfare.
What does the Children’s Act 1997 allow unmarried fathers to do?
Unmarried fathers can become joint legal guardians of their child with the mother’s consent without needing to go to court.
What happens to the estate under the Succession Act 1965 if there is a spouse with no children?
The spouse receives everything.
What is the distribution of the estate under the Succession Act 1965 if there is a spouse with children?
The spouse gets 2/3 of the estate, and the children get 1/3 of the estate.
What happens to the estate under the Succession Act 1965 if there is no spouse but children?
The children receive the entire estate.
Who inherits the estate under the Succession Act 1965 if there are no parents?
Siblings inherit the estate.
Who inherits the estate under the Succession Act 1965 if there are no siblings?
The next blood relative inherits the estate.
