Family Law Queries

irishman2020

Registered User
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I was judicially separated 4 years ago and now planning to proceed with a divorce. Leaving out chapters 1 to 20, this is going to be contested +++ by my ex. Won't engage with mediation and all previous attempts at mediation have failed. Two queries

(1) Does anyone know when case progression hearings are resuming in dublin circuit family court ? I understand they are stopped at present due to COVID 19
(2) It is likely that this case is going to go through a protracted course. If this ends up before a judge, is their judgement back dated to the serving of the civil bill?
In other words, say proceedings start in June 2020 and the case is ruled in say June 2021. The judge ups the maintenance by €100 per month-does the person paying the maintenance have to pay the upped maintenance between June 2020- June 2021

Thank You for any help
 
1.
It looks as if case progression cases are going to be listed shortly

[broken link removed]

2. Not usually. If no application for increased maintenance is made during the course of the proceedings any increased order for maintenance would usually date from the Court Order

mf
 
Your former wife can't contest or oppose the divorce application.

It can be an opportunity however to re examine the terms of the JS.

The only thing divorce gives you over a JS is the right to remarry.

Unless you want to re-marry, why put yourself through the pain and expense?
 
Unless you are in the situation it is hard to explain. Its about closure and wanting to be free to marry someone in the future if you meet someone. Can I ask a separate question; What happens if my wife starts a separate maintenance case during the divorce proceedings? The divorce proceedings are likely to be very dragged out. I know this possibility sounds a bit nuts but this actually happened in the separation proceedings, but she dropped the maintenance case of her own accord. I am paying reasonable maintenance IMO and I have never missed a single payment.
 
Child maintenance (I assume that's what you mean) can be reviewed at anytime. You don't even have to be separated to get an order for maintenance.

I do understand the desire for closure, but divorce doesn't bring that.

My best advice is to leave the hare sit, time solves a lot of problems.
 
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