Separation Agreement

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 LLP 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
• Debts
• Taxation

There is no provision for agreeing an adjustment to a pension scheme of which either of the spouses is a member.

Judicial Separation

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 LLP 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 Court or High Court and are held in private. These cases will be held in private (as are all family law cases).

For more information, please contact info@hoc.ie or freephone 1800 54 54 54