Family Law in Ireland
Separation & Collaboration
A separation is an agreement between spouses whose marriage is not working. The agreement works out the terms of the separation.
Separation differs from divorces and annulments in that a divorce grants both parties the right to remarry, and a civil annulment considers the marriage to be invalid. Legally, the marriage never happened. Both parties are then free to marry if they so choose.
When considering separtion, it is important to know that you have a choice about which kind of separation you want to get. You can enter into a separation agreement or you can apply for a judicial separation. The choice in the matter will come down to whether or not the spouses can agree on the terms of separation. If they can, then they can get a separation agreement.
A separation agreement is a binding contract between the spouses. The terms of the separation agreement can be reached through mediation, negotiation, or communication, mostly through solicitors. Separation agreements generally cover:
- That the couple agrees to live apart
- Agreements on child custody and child access
- The ownership of the family home and who will live there as well as any other properties
- Payments and maintenance
- Agreements regarding each other's debts and the responsibility to pay
- Inheritances and succession items
- Tax agreements
Each party should have his or her own solicitor. This assures that each person is getting unbiased legal advice.
Recently, there has been a trend toward "collaborative separations" and "collaborative divorces." In this sort of scenario, the parties involved (both spouses and their respective solicitors) cooperate with each other, negotiate the terms of the agreements, and come to agreements or compromises... all without going to court. In collaborative separations and divorces, the solicitors involved agree not to litigate even if an agreement can't be achieved. Solicitors in these kind of separation and divorce proceedings concentrate on bringing the parties to a resolution or settlement. They don't prepare for court; instead, they prepare for a mutual accord between the separating couple.
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