Areas of Practice

Purchase and Sales

Are you buying or selling your home? Please contact Elaine Grant for guidance on the first step and Grainne will be delighted to see you or discuss an overview.

Our rates are competitive and can be deducted from the proceeds of sale or if purchasing on or before the completion of the transaction.

We guide you through any tax implications relating to your purchase or sale.

Please note for your purchase you will pay stamp duty at the rate of 1% of the consideration which will be your main outlay. If you are selling you will pay no tax for the sale of your family home

Please CLICK HERE for a useful sellers checklist

Please CLICK HERE for a useful buyers guide

 

Mortgage Switch

Embarking on this process can realise significant savings over the duration of the term of your loan/mortgage.

Contact us for guidance and to organise the taking up of your deeds from your existing leader to minimise any delays.

 

Farm and Voluntary Transfers

To avail of tax reliefs and planning for retirement reasons it can be beneficial to dispose of your business farm or part of your property during your lifetime and pass on to the next generation.

 

Commercial Conveyancing.

Commercial Leases and Purchase and sale of Business of licensed premises.

Call us for guidance on this significant step for your Business or Company.

 

Aylmer Solicitors have many years of experience dealing in the above areas and are happy to deliver a personable efficient service which allows the client to relax and the firm do the work. Our clients are confident that the transaction will run fluidly from beginning to end and they will be kept appraised of all matters.

In this area are key focus is attention to detail and efficiency leaving you with nothing to worry about but collecting your keys!

Trusts

You may need to create a trust for a minor child/children or vulnerable member of your family. Contact us for guidance on the first step and help in all the practical areas.

Please CLICK HERE for a useful link on the revenue website.

 

Administration of Estates

We act for both executors and beneficiaries at this difficult time. We offer an empathetic approach while understanding the importance of efficiency and file management enabling you and your family move forward once more.

Contact us for guidance on the first step and assistance with the practical areas. Our ultimate goal is ensuring your loved ones’ will is administered and Estate Assets vested in the beneficiaries with social welfare and tax clearances in place.

 

Enduring Power of Attorney

Have you considered what is required for care for the elderly either yourself or a parent. Contact us to discuss in a confidential and relaxing environment and we are happy to take each changing step with you.

Many people are now opting to put an Enduring Power of Attorney in place which will allow for your nominated person to take care of your business and assets if you become incapable of doing so.

Please CLICK HERE for useful Power of Attorney information.

If you have been the victim of a car accident where the other driver was  uninsured or left the scene of the accident, you can submit a personal injury compensation claim to the MIBI (Motor Insurers Bureau of Ireland). The function of the MIBI is compensating victims of road traffic accidents caused by uninsured and/or unidentified vehicles.

In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement

 

Some useful links…

The Personal Injuries Assessment Board

The Motor Insurers Bureau of Ireland

The Road Safety Authority

The Law Society of Ireland

There are many legal issues and considerations that we advise Employers and Employees on:

 Issues for Employers

• Making clear who is an employee and who is  not
• The employment contract and the employee handbook.
• Employee entitlements in relation to pay
• Rest periods
• Hours of work
• Breaks
• Pensions
• Retention of employment records
• Insurance considerations
• Equality
• Data protection
• Health and safety obligations
• Disciplinary matters
• Termination of employment including dismissal and redundancy

 

 Issues for Employees

• Termination of employment including unfair dismissal and constructive dismissal
• Breaches of equality law and discrimination
• Obligations under the terms and conditions of your employment contract
• Legal entitlements
• Bullying and harassment
• Health and safety law

 

We can explore all the options in resolving the Dispute such as mediation where necessary.

 

Please CLICK HERE for information on ending employment

 

We also In Partnership with Bill Canning of Sentric Business Solutions to provide additional expertise where beneficial to our clients.

We advice businesses in all areas here through ensuring they are complying with the law in this highly regulated area.

Separation Agreements

 A separation agreement may cover issues such as:

• Who should live in the family home.
• What should happen to any other property that the couple own.
• Where any dependant children should live, and access arrangements.
• Whether either person should make maintenance payments to the other.

 

if a couple wishes to negotiate an agreement through solicitors, each person should have their own solicitor to represent their interests.

A couple may prefer to negotiate an agreement through mediation. The Law Society maintains a register of solicitors who are also trained mediators.

Please CLICK HERE for an online directory to help with finding a mediator near you.

 

After agreement

When an agreement is reached, drawn up, and signed by both parties, it is usually called a Deed of Separation. This is a legally binding contract.

The parties can apply to make this contract a rule of court. This means that, when the appropriate law applies, the terms agreed between the two people can be legally enforced. You can find out about making a separation agreement a rule of court on the Courts Service website. Either party can also apply for a decree of judicial separation to formalise the agreement.

 

 

Judicial Separation

Any person can apply for a decree of judicial separation from his or her spouse. An application must cite one of the following grounds:

• One person has behaved in such a way that it would be unreasonable to expect the other person to continue to live with them.
• One person has deserted the other for a continuous period of at least one year.
• The couple have lived apart from one another for a continuous period of at least one year, and both parties agree to the decree being granted.
• The couple have lived apart from one another for at least three years.
• The Court considers that a normal marital relationship has not existed between the spouses for at least one year.

 

Applying for a Decree of Judicial Separation

A person can apply for a decree of judicial separation by lodging an original family law civil bill and two copies in the Circuit Court Office.

The bill should set out the main points of a person’s claim, details of the law under which the person is making a claim, and any orders or reliefs (such as maintenance payments) being sought.

A person applying for a decree of judicial separation must also lodge two important documents:

• The Affidavit of Means.
• The Affidavit of Welfare.

The Affidavit of Means lists all of a person’s assets, income details, debts and liabilities, pension information, and regular expenditure.

The Affidavit of Welfare sets out information on any dependent children, including living and access arrangements, and any special education or health needs that they have.

If an applicant is making a claim on a spouse’s pension, he or she must file a notice to trustees.

The Circuit Court Office will retain the original, and give two copies to the applicant. The applicant must have one of these copies served (delivered) to his or her spouse.

You can find more information on the process, and the forms involved, on the Courts Service website.

 

 

Divorce

To legally end a marriage, a person (or persons) must seek a decree of divorce. Find out more about this process using the information and links below:

• What is divorce?
• The divorce process
• More information

 

What is divorce?

A decree of divorce dissolves the marriage contract. This terminates certain rights, including succession rights. It also gives either party the right to remarry.

If you or your spouse intends to seek a decree of divorce, you should seek legal advice as soon as possible. Your solicitor will help you to consider the divorce proceedings, and alternatives that can include:

• Entering into a separation agreement that does not require attending court.
• Negotiating the terms of divorce, which can be ruled in court by agreement.

 

The divorce process

If you issue divorce proceedings, your solicitor will issue a Family Law Civil Bill and serve it on your spouse.

The Bill will include an Affidavit of Means (listing assets, income details, debts and liabilities, pension information, and regular expenditure) and an Affidavit of welfare (containing information on any dependent children, including living and access arrangements and any special education or health needs).

If your spouse wishes to contest the divorce, he or she will file a Defence and Counterclaim.

If you can negotiate a divorce agreement with your spouse, then you can apply to the Court for a date to rule on the consent divorce. If you cannot negotiate an agreement at any stage of the process, the case will proceed to a full trial.

If you are able to negotiate a divorce agreement with your spouse, or your spouse does not contest the divorce, it may take up to six months to secure a date to rule on the consent divorce. If your spouse contests the divorce, the process could take significantly longer.

 

 

More information

You can find out more about the divorce process, and download relevant forms, from the Courts Service website.

Please CLICK HERE for more information and family law legal guides.