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Family

Separation and divorce.

When a marriage ends there are three routes: a separation agreement signed by both of you, a judicial separation ordered by the court, or a divorce. Each deals with the same questions. Where the children live, who pays what, what happens to the house and the pensions.

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At a glance

You can live apart under the same roof if you are leading separate lives. The court looks at the reality, not the address.

01DivorceTwo years living apart in the previous three

02Judicial separationOne year apart, or other grounds

03Separation agreementNo court. A contract between you

04Where it is heardCircuit Court, in private

The steps

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.

Common questions

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.

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Before you ring

Two things you can check tonight.

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