Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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169. To ask the Minister for Justice and Equality his views on the costs involved in progressing a legal separation or divorce in the State; his views on whether the costs of such activities may well be excessive; if he will consider means to control or reduce such costs; and if he will make a statement on the matter. [44017/13]

Alan Shatter (Dublin South, Fine Gael)
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I fully understand that separation and divorce are extremely stressful times for couples and their families, and can be costly in both emotional and financial terms. There is a range of options open to separating couples depending on the degree to which they can reach mutually acceptable arrangements including, where relevant, in relation to custody of, and access to, their children. Where couples can reach mutually acceptable terms, they may separate by deed without the need to make any court applications, and the terms of the separation in relation to maintenance may be made a rule of court in the event of any future breach of the terms. They may also seek a judicial separation and, if they have been able to agree terms, they may ask the court to make orders based on their agreement. When they have been separated for four out of the previous five years, they may apply for a divorce and again, they may ask the court to make its orders based on any agreements they have come to, provided the agreements meet the Constitutional requirement of "proper provision".

As the Deputy will be aware, there is also a free Family Mediation Service to help separating couples agree the terms of any separation or divorce. Where couples can agree those terms through mediation, this can reduce any legal costs relating to court proceedings by minimising the issues to be so resolved. Information about the Family Mediation Service is available at www.legalaidboard.ie, or through Citizens Information Centres. Where couples have not reached any agreement and the proceedings are concerned extensively with determining the division of assets, appropriate levels of maintenance, and arrangements concerning children, the legal costs will be higher. Ultimately, the reaching of agreement in relation to separation and divorce proceedings relies on the parties concerned and solutions cannot be imposed solely from a legal costs perspective.

It has also been my long-held view that there should be a dedicated and integrated Family Court structure to meet the particular needs of people involved in family proceedings. A commitment has been given in the Programme for Government to introduce a Constitutional Amendment to allow for the establishment of such a court to streamline family law court processes and to make them more efficient and less costly.

At a broader level, the issue of legal costs is being addressed by the Legal Services Regulation Bill 2011 which has commenced Committee Stage in the Dáil and is a key component of the Government's strategy aimed at reducing legal costs in this country and providing those involved in family or other proceedings with less costly alternatives. The Bill makes extensive provision, particularly in Part 9, for a new and enhanced legal costs regime that will bring greater transparency to how legal costs are charged along with a better balance between the interests of legal practitioners and those of their clients. Both barristers and solicitors will be obliged to provide more detailed information about legal costs from the outset of their dealings with clients. When there are any significant developments in a case which give rise to further costs the Bill provides that a client must be duly updated and given the option of whether or not to proceed with the case in question. The Bill also sets out a number of measures aimed at opening up the provision of legal services to new business models that can provide more tailored and competitive services for clients such as those involved in separation or divorce proceedings.