Other legal services

Contact Us

At Gilmartin Solicitors we offer you the benefit of our extensive experience in a range of other legal services such as family law, probate and administration of estates, landlord and tenant disputes and also employment law.

Please read below for more information on the services we offer in relation to these areas.

 

Family Law

7

At Gilmartin Solicitors we fully appreciate the sensitivities involved in proceedings before the family courts. We adopt a non judgmental approach whilst also offering a practical and honest appraisal of the issues involved. Our expertise extends to all manner of Court sittings as outlined below.

 

DIVORCE/ JUDICIAL SEPARATION

A Divorce or Separation is and can be a
very traumatic time for all parties
concerned, especially when there are
children involved. Normally Divorce and
Judicial Separation cases are dealt with in
the Circuit Court, however if the assets
involved are substantial they can be dealt
with in the High Court. We also offer expert
Legal Advice in relation to entering into a
Separation Agreement (if there is a general
agreement between the parties to enter into
one).

ACCESS, CUSTODY & GUARDIANSHIP

Where there are issues or difficulties
associated with one party being allowed or
being denied access to their child or
children, at Gilmartin Solicitors we can
attempt to arrange favourable access and/
or Custody either through direct
negotiations on your behalf or, if necessary,
through Court Proceedings. We can also
advise family members, such as
grandparents, on their right to apply to the
District Court for permission to apply for
access.

MAINTENANCE

There is a legal obligation under Irish law
to provide for the care of your dependents,
whether this is a spouse/partner. At
Gilmartin Solicitors we can inform and
advise you on your rights and/or
obligations in this regard and will advise
you accordingly depending on the
particular set of circumstances that exist.
We can negotiate on your behalf to reach
agreement as regards the amount of
maintenance to be paid or if necessary we
can deal with an application for
maintenance before the Courts.

DOMESTIC VIOLENCE

Domestic violence is an area in which the
rights of one individual are infringed by the
actions of another. Gilmartin Solicitors can
advise you in relation to seeking a
Protection Order, Safety Order or Barring
Order from the District Court. Alternatively
if a Safety/Barring Order is being sought
against you, we can offer you advice
depending on the particular set of
circumstances that exist.

PROBATE & ESTATE ADMINISTRATION

7

At Gilmartin Solicitors we can advise on all areas of employment law and cater for both employers and employees. We can advise you on the rapidly expanding legislation covering this area and if necessary appear on your behalf before the Rights Commissioner or Employment Appeals Tribunal.

 

MAKING A WILL

Many people underestimate the importance
of making a valid and properly considered
will. We strongly advise all our clients to
make a will, regardless of the transaction
which brings them to our firm. The
existence of a will ensures your assets are
distributed according to your wishes. We
will also advise you on tax planning issues
at this time. If you do not make a will, your
assets will pass according to the rules of
intestacy which may not necessarily reflect
your wishes.

ESTATE ADMINISTRATION

The death of a relative or loved one is a very
difficult time. We can advise you on all
steps involved in the administration of an
estate, whether it is a testacy situation (a
will exists) or an intestacy situation (no will
exists) while at all times bearing in mind
the sensitive nature of the situation at
hand. We deal with the various institutions
and parties on behalf of the
Executors/Personal Representatives and go
about extracting the Grant of Probate to the
Estate. Our services in this area extend to
filing the Capital Acquisitions Tax Returns
on behalf of the beneficiaries and
transferring property into the beneficiaries
name(s). We will also assist and advise the
Executors/Personal Representatives on
their duties throughout the process.

EMPLOYMENT LAW

7

At Gilmartin Solicitors we can advise on all areas of employment law and cater for both employers and employees. We can advise you on the rapidly expanding legislation covering this area and if necessary appear on your behalf before the Rights Commissioner or Employment Appeals Tribunal.

9
Drafting of contracts & employment agreements
9
Termination of contracts
9
Unfair and constructive dismissals
9
Legal entitlements to Annual Leave, Sick Pay, Maternity Leave etc .
9
Equality legislation - discrimination, rights and obligations etc.
9
Redundancy
9
Rights Commissioner, Employment Appeals Tribunal, Equality Tribunal, Labour Court hearings.
9
Health & Safety Legislation

LANDLORD & TENANT LAW

7

At Gilmartin Solicitors we can advise both landlords and tenants on their various rights and obligations under the applicable legislation.

ADDITIONAL SERVICES

7

Immigration Law in Ireland is often complex and our experience allows us to make applications from start to finish, double check documents and appeal decisions to IPAT.

Aliens Act 1935

The Minister for Justice was
empowered to issue an alien's order to
control the entry,movement, and
deportation of non-citizens in Ireland,
creating immigration-related offenses. An
'alien' was defined as a non- Irish citizen,
with UK citizens exempted since 1999.
Although not repealed, later laws
superseded provisions on deportations,
entry, and registration. In 1999, the power
to deport and exclude via an alien's order
was declared unconstitutional.

Immigration Act 1999

This law outlines deportation procedures
and the Minister's considerations before
issuing a deportation order. It grants
Gardaí powers to arrest and detain
offenders. The Minister must issue a
Section 3 notice, allowing the individual to
present reasons against deportation. Based
on this, the Minister can either issue a
deportation order or grant permission to
remain.

Illegal Immigrants

(Trafficking) Act 2000

Made it a criminal offense to assist
someone in entering Ireland illegally for
financial gain. Certain immigration
decisions, including deportation orders,
refusals of permission to remain, and
refusals of entry, are final and can only be
appealed through judicial review to the
High Court.

Immigration Act 2003

Penalizes carriers, such as airlines and ferry
services, for not checking passengers'
immigration documentation. Permits the
removal of individuals denied entry or
unlawfully in Ireland for less than three
months.

Immigration Act 2004

Defines laws for entering Ireland, obtaining
permission to remain, and registration.
immigration officer or Garda. Specifies
approved ports of entry and allows the
Minister for Justice to determine which
nationalities need a visa to travel to
Ireland.

International Protection Act 2015

Repealed the Refugee Act 1996,
detailed the processing of
international protection
applications, and established
the International Protection
Office and the International
Protection Appeals Tribunal.

Contact Us

Please fill out our form with a short description of your issue and we will endeavour to get back to you as soon as possible. Please know that we will not share your details with any third party

Name

Frequently asked Questions

7
What are the current rates of stamp duty?

Stamp duty is payable on the transfer of property. Budget 2011 abolished the First Time Buyer Relief in respect of stamp duty. Stamp Duty on residential purchase is 1% up to a value of €1m. Non-Residential is 2% stamp Duty.

Do I have to pay Local Property Tax (LPT) if I am a First Time Buyer?

When you buy a property a certificate should be furnished confirming LPT has being paid on the property for the forthcoming year.

 

Non-Principal Private Residence (NPPR)

The Local Government (Charges) Act 2009 introduced a €200 charge for owners of non principal private residences. The charge applies mainly to owners of private rental property and holiday homes. This tax is no longer operable, however it is very important when purchasing a property that a certificate confirming it has being paid/isn’t operable is furnished.