Family Law

Question 1

Family Home Protection Act 1976

Answer 1

Prevents one spouse from selling, mortgaging or transferring ownership of the family home without prior consent of the other spouse
Applies no matter whose name the house is in

Question 2

Family Law (Maintenance of Spouses and Children) Act 1976

Answer 2

Entitles a dependent spouse and/or children to claim financial support from the other spouse
Allows a parent to apply for maintenance for a child from the other parent even if they were never married

Question 3

Domestic Violence Act 1996

Answer 3

Permits a partner to apply for a safety, barring or protection act against the other partner
Protects a person who is threatened with physical, mental or sexual abuse in the home

Question 4

Child Care Act 1991

Answer 4

States that it is in the best interests of the child to be brought up by their family
Considers requests of the child, taking age and comprehension into account
A child may be removed from their home if the Gardaí feel they are at risk
Emergency Care Order allows the HSE to take custody of a child for up to 8 days

Question 5

Procedure for making a will

Answer 5

List everything to be included
List people and contact details
Employ a solicitor to advise about legal formalities and taxation issues
Appoint an executor
Divide the estate
Include funeral arrangements 
Signed by person and witness
Keep in a safe place

Question 6

Capital acquisitions tax

Answer 6

Inheritance tax
Paid if the estate exceeds a certain value
Tax-free limit depends on degree of relation between the deceased and the inheritor