What made you choose law?
My father was a solicitor in Cork. I was a bit of a feminist growing up. My independence was and still is important to me. Law offered a career where there was potential to make a difference.
And Family Law in particular?
I served my apprenticeship with my father in Cork and with a commercial firm in Dublin. I felt I needed to spread my wings a bit and went to London, where I became involved in Family Law. I had a very enjoyable number of years there and still enjoy meeting old contacts from my time there. I gained valuable experience in Divorce Law while in London. Divorce was not introduced here until 1997, and I felt I had valuable experience to offer when I returned to Dublin in the mid-1990s.
What is Collaborative Law?
It involves a series of meetings between the parties separating and their lawyers, where agreements are made without the necessity of going to court. Family coaches can be employed as part of the process, to assist in issues relating to the children or to help overcome impasses in decision-making. The whole approach is child focused and allows people to move on with their lives in a more meaningful manner. The idea of Collaborative Law originated in California, and there are a growing number of people doing it in Ireland. I would definitely suggest it as the way forward. Having over twenty years’ experience, I know from clients that going to court can be a terribly difficult experience. However, it is not always possible to avoid the court path.
What sort of patterns do you notice in family disputes?
Due to the reduction in house prices, couples are tending to stay together longer, in situations that are less than happy. Their options for moving on are limited.
Breaking up can be easier when the children are younger. Teenagers tend, in general, to take it a lot harder.
It’s usually the woman who instigates divorce. Men tend to be more accepting of their relationships, and slower to accept that a relationship has broken down. Although once they have accepted it they can be better at moving on.
Do you get drawn into upsetting situations?
You have to listen to people’s stories or they won’t relate to you, but a lot of situations boil down to a similar framework. I immediately start putting together possible solutions in my mind. But of course, certain stories can be harrowing. It is important to be able to de-stress so that you don’t let emotions cloud your judgement.
What social trends affect your work?
There was no divorce here until 1997. That does not mean there was not marital breakdown before then but the only legal framework was separation, from 1989. Before that, it was very difficult to resolve marital breakdown situations effectively.
The biggest change at the moment is the Civil Partnership Act. However, the amount of same-sex couples is far outweighed by the amount of cohabiting couples. People are marrying later, if at all.
Other new developments are the concept of surrogacy – we have no legislation here to deal with the issue – who is the registered father and mother?
Inter-country adoptions are a huge issue. The government has set up the Adoption Authority and recent case law has seen the courts leaning towards recognition of adoptions in more jurisdictions.
We should see prenuptial agreements being recognised in the next few years. There is gradual acceptance of the idea. People are living longer, and might amass considerable wealth in that time before they get married. When their relationship breaks down, they don’t want to see their partner walk off with half their fortune.
What effect has the recession had?
Financially, a relationship breakdown was easier to deal with during the Celtic tiger years - a couple could sell their house and buy two smaller ones. Now people can’t afford to split up, and the stress of debt on top of relationship stress is affecting people’s state of mind and ability to cope.
How do you stay on top of the detail involved in your work?
You’re constantly reading the latest periodicals, and attending seminars. Talking with your colleagues is vital, to stay in touch with new developments.
What do you do to relax?
I like to get down the country to walk, cruise on the Shannon or horseride. I am a huge reader and am a member of a book club, which is very sociable, although we have a strict no alcohol rule except at Christmas. I enjoy cooking and gardening when I get time, and of course, knitting which people find unbelievable. It’s something I learnt as a child and has always stayed with me as a creative outlet. I work long hours so I value every second of free time.
We have a house full of children and teenagers, so I shop with Tesco Online. I believe our children’s independence - ie helping out in the house - is very good for them. I once asked my son Andrew if he had felt anything negative from my being a busy working mother when he was growing up and he said ‘Mum, it never crossed my mind’ – very helpful on the guilt front!
Any tips on choosing a solicitor?
They need to have an established track record in the area you want advice. You need to be able to establish a rapport with them and believe that they understand the unique features of your situation.
Katherine Irwin was talking to Marion Hancock
Interview with Katherine Irwin of Irwin Solicitors
Five things you may not know about Katherine Irwin
- She has six children – one of her own, and five stepchildren
- She specialises in Family Law and has an interest in Collaborative Law and Mediation, which are ways of resolving family disputes without going to court
- She has a personal trainer
- She has been in business in Dalkey for five years.
- Her firm has just launched a new website, which was developed by Niall Meehan of Verso and Paul Donnelly of Cube Creative, both members of Dalkey Business Group.
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