A new guide to legislation surrounding family and relationship breakdown in Ireland aims to satisfy both the professional market and the interested lay reader.
Family Breakdown – A Legal Guide
is published by Clarus Press and written by
Kieron Wood
.
It provides an overview of the law and legal procedures in the case of separation, divorce and annulment, updating the author's Divorce in Ireland, first published in 1997.
The book also includes new developments in family law, such as civil partnership and changes in rules for common law spouses.
The writing style and strong opinions expressed by Wood are indicators of his former career in journalism as well as his training as a barrister and though the book is weighty enough, it remain accessible to the lay reader.
The legal glossary, which defines terms including “case-law” and “lump-sum” is comprehensive and assumes no prior knowledge.
There is plenty of practical advice and guidance including tips for preparation in advance of approaching a legal practitioner.
And while legal issues and procedures are addressed, alternatives to court, such as mediation and counselling, are also discussed.
There are useful templates of legal forms for those who might wish to try the DIY route including a sample separation agreement and a civil bill for divorce proceedings. The book also includes pension, tax and legal aid advice as well as a chapter on "your day in court".
Reporting
But Wood omits to warn readers that journalists are now allowed to report on family law cases under the Courts and Civil Law (Miscellaneous Provisions) Act 2013, commenced in January.
The book points out the potential pitfalls when making a will, sets out up-to-date marriage regulations and includes questions and answers at the back collected from the author’s website.
A brief history lesson reminds us of the relative newness of divorce proceedings in Ireland and how close the vote was in 1996 to change the Constitution to allow divorce; a majority of only just over 9,000 in a poll of 1.6 million. The book also includes a reminder that until 1972, the legal age for marriage was 14 for boys and 12 for girls.
Published in advance of the resignation of minister for justice Alan Shatter, the book's preface includes quotes from a speech given by Mr Shatter at a Law Society seminar on family law last year that unfortunately make it now seem dated.
But it holds up to scrutiny issues that remain to be addressed including guardianship for unmarried fathers and the need for a separate family court system.
Second relationship
On the non-recognition of pre-nuptial agreements in Ireland, the author says the consequences of this may be to prevent couples from remarrying and so deprive the children of a second relationship of the "constitutional protection guaranteed only to married couples".
The State should allow couples to decide for themselves how they wish to organise their families and their finances for the future, Wood says.
Wood also highlights a programme for government promise to provide for a separate family court system with specialist judges. He says such a system is particularly needed because some of the family courts and “even some of the judges” are not suited to family law hearings.
He quotes Mr Shatter as saying the proposed new family courts will have “separate venues, adequate private consultation rooms and a co-located welfare and assessment service” along with in-court mediation facilities.
“Call me a cynic, but I’ll believe it when I see it!” Wood says.
