Family Law in Ireland
SEPARATION AGREEMENTS
If the parties don't want to divorce yet can't live together, they can always seek a separation. A separation allows the parties to live apart from each other but does not entitle them to remarry.
When seeking a separation, the parties can, if they wish, go to mediation. A mediator helps the parties to reach an agreement on all the issues, including child custody and maintenance. This agreement can then form the basis for a legal separation. In fact, the parties don't even need to go to a mediator if they are in agreement, they simply need to draft a Deed of Separation setting forth the terms on which the parties intend to be bound. The deed will need to be witnessed. If the parties cannot agree terms for the separation then they can seek a Judicial Separation.
In order to get a Judicial Separation both parties must have lived apart for a minimum of one year and the court must be satisfied that a normal relationship has not existed between the spouses for at least one year prior to the application.
The court will look to all the circumstances and will insist that adequate provision has been made for the welfare and financial upkeep of the children prior to ordering the Judicial Separation.
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