Category: Free Insights

  • Mediation

    Mediation

    Mediation is a dispute resolution process which is given special recognition in our civil justice system by the Mediation Act 2017. Mediation can be used to facilitate almost any type of dispute from marital breakdown to boundary disputes to commercial conflict. The mediator is neutral and encourages the parties to cooperate with each other to…

  • The PIAB Process and Reform

    The PIAB Process and Reform

    So, you have had an accident, be it a road traffic accident or an injury at work, where do you go now? In Ireland the majority of injury claims begin in the Personal Injuries Assessment Board (PIAB) which is an independent state body which assesses personal injury claims. PIABs aim was to reduce the amount…

  • Divorce Process Explained

    Divorce Process Explained

    Navigating a divorce can be a minefield. Not only are you catapulted into the devastating breakdown of your marriage, you are also flung into a complex area of the law. The Courts – Step 1 At the outset it is important to note that, in Ireland, a marriage can only be ended by a Court…

  • Co-Decision-Making Agreements

    Co-Decision-Making Agreements

    If you are keeping up to date with Aislinn’s Articles, you will no doubt be well aware of some serious concerns that have been raised over aspects of the recently commenced Assisted Decision-Making (Capacity) Act 2015. While those concerns still remain, this week I want to draw attention to some really beneficial aspects of the…

  • Social Media and the Law

    Social Media and the Law

    This week, I began a MOOC (Massive Open Online Course) with the Law Society regarding Social Media and the Law. This is an area of the law that I had never really considered before and so it piqued my interest. Let me fill you in on what I have learned to date. Introduction to the…

  • Cohabitation

    Cohabitation

    A cohabiting couple is a couple that lives together in an intimate and committed relationship, who are not married to each other. Cohabiting couples can be opposite-sex or same-sex. A cohabiting relationship can continue to be ‘intimate’ even if it is not sexual in nature. Some couples may live together for many years and to…

  • No-Fault Divorce

    No-Fault Divorce

    Since the introduction of the Family Law (Divorce) Act 1996, Ireland has operated a no-fault divorce system. This means that no element of fault needs to be proven in order to apply for a decree of divorce. In other words, the conduct of the parties is almost always irrelevant from the Court’s point of view.…

  • Decision-Making Representation Order

    Decision-Making Representation Order

    It feels like my work life currently revolves solely around the introduction of the Assisted Decision-Making Capacity Act 2015. It seems to be all I am researching and getting my head around. In addition, since the introduction of the Act, we have received a number of enquiries about different aspects of the Act. One aspect…

  • Enduring Powers of Attorney under the Assisted Decision-Making (Capacity) Act 2015

    Enduring Powers of Attorney under the Assisted Decision-Making (Capacity) Act 2015

    As explained in my previous article, the Assisted Decision-Making Capacity Act 2015 was enacted on the 26th April 2023. While this was of course a very welcome development in the realm of assisted decision support for vulnerable people, the implementation of the Act seems to have raised a vast number of queries for lawyers in…

  • Introduction of the Assisted Decision Making Capacity Act 2015

    Introduction of the Assisted Decision Making Capacity Act 2015

    If you work in the legal or healthcare sector, the long-awaited commencement of this Act today, the 26th April 2023, will certainly not be news to you. The Act was created to support decision-making and maximise a person’s capacity to make decisions. The Act provides for a new legal framework to support people who may…

  • Custody and Access

    Custody and Access

    Custody is having responsibility for the day-to-day care of a child or children. Custody determines where the child or children will live, and with whom. Access refers to the legal right of a child and an adult to have contact with one another when they no longer live together. As discussed in last week’s article,…

  • Guardianship Rights

    Guardianship Rights

    Guardianship is the legal term for the rights and responsibilities that a parent has in relation to their child. These responsibilities include the duty to financially maintain and care for the child. They also include the right to make decisions in important areas of the child’s life such as how they are educated, the school…