If a marriage breaks down, the married couple may decide to enter into a separation agreement. A separation agreement is a document that may be drawn up and executed by the parties to a marriage. A fundamental provision of every separation agreement is an agreement that both parties will live apart. However there are many issues to be dealt with in a Deed of Separation and Healy O’Connor Solicitors can provide advice in relation to;
- Custody and Access to children
- Maintenance and any lump sum payments to the spouse
- Division of property
- Succession Rights
- Indemnification clause
There is no provision for agreeing an adjustment to a pension scheme of which either of the spouses is a member.
A Judicial separation can be granted by a court where the spouses fail to agree the terms of a Separation Agreement. There are six grounds for granting a decree of judicial separation.
- One spouse must have committed adultery
- One spouse must have behaved in such a way that the other spouse could not be reasonably expected to live with them.
- There has been desertion by one spouse of the other spouse for a continuous period of at least four of the five previous years
- The spouses have lived apart from one another for a continuous period of at least one year immediately after the date of the application and the other spouse consents to the decree being granted.
- The spouses have lived apart from one another for at least three years up to the time of application for a separation (whether or not the spouses agree to the separation)
- The marriage has broken down to the extent that the court is satisfied that a normal relationship does not exist.
A Judicial Separation will only be granted when an order outlining the arrangements for the welfare of dependant children has been made.
Applying for a judicial separation
Healy O’Connor Solicitors can provide legal advice in relation to the many complex issues involved in a judicial separation such as custody of, and access to children, maintenance, taxation issues and property law. We can provide legal representation for a judicial separation are heard by the Circuit or High Court and are held in private. These cases will be held in private (as are all family law cases).