How a separation or divorce actually runs.
Most cases settle. The court still has to approve the terms, but a full contested hearing is the exception.
First meeting
We take the history, the assets and the children's arrangements, and tell you which route fits. Bring recent payslips, a mortgage statement and any pension statements you have.
Financial disclosure
Both sides swear an affidavit of means setting out income, assets, debts and outgoings, and an affidavit of welfare about the children. Nothing sensible can be agreed without it.
Negotiation or mediation
Terms are usually worked out between solicitors, or with a mediator. Family mediation is free through the Legal Aid Board and we encourage it where it is safe.
Consent terms
When there is agreement it is written up as terms of settlement covering maintenance, the home, pensions, succession rights and the children.
The court date
A consent case is ruled in a short hearing. A contested case is listed for a full hearing and the judge decides. Either way the court sits in private.
After the order
Pension adjustment orders are served on the trustees, the house is transferred or sold, and the maintenance arrangement starts. We see each of these through.
The things people ring us about first.
Do we both need a solicitor
Yes. One solicitor cannot act for both spouses. If your spouse has already instructed someone, we deal with them directly.
What happens to the house
There is no fixed rule. The court can order a transfer, a sale, or that one of you stays until the youngest child finishes education. Proper provision for both is the test.
Will I lose my pension
A pension adjustment order can give a share of one spouse's pension to the other. It is common where one of you stayed at home or earned less.
How is maintenance worked out
On the income and reasonable needs of both households. There is no formula in Ireland. Child maintenance continues to 18, or 23 in full time education.
Is a separation agreement enough
For many couples, yes. It can later be made a rule of court, and it does not prevent a divorce afterwards. It does not dissolve the marriage.
Bring this to a first meeting
Your marriage certificate, three months of payslips or accounts, mortgage and pension statements, and a note of the children's ages and school. Rough is fine.
Make an appointmentTwo things you can check tonight.
Do you meet the living apart test
Four questions on the timing rules for divorce and judicial separation.
Separation and divorce, explained
The routes, the language, and what a first meeting covers. Seven minutes to read.
Guardianship, custody and access
What each word means and how the court decides where children live.