Family Law

Caroline Fanning Solicitors acts in the following family law areas in the District and Circuit Courts:

  1. Access and Guardianship to children
  2. Maintenance
  3. Separation/Divorce
  4. Enhanced rights application for Foster Carers/Relative Carers who can apply to the Courts for more autonomy in decisions relating to children in care resulting from sections 43A and 43B as inserted in the Child Care Act 1991.

Supreme Court of Ireland case of G. v G. [2011] IESC 40

Judgment delivered on the 19th day of October, 2011 by Denham C.J.
re “proper provision”

para 34
34. If one party obtains a windfall after a separation agreement or judicial settlement the other party is not entitled as of right to part of it. Such an application would only be considered if it addressed a need of a party. Thus where there is a great improvement in one party’s finances after a full and final settlement the concept of “proper provision” should not be dominated by that change. But if there is a new or different need that may be met now that the resources exist, it may be considered. The general standard of living of a spouse should be commensurate with that enjoyed when the marriage ended, to the extent possible. The standard of living of a spouse, when the other party has subsequently achieved further wealth, is not entitled to be elevated on that basis.