Separation in ireland

While it is not required by law to make a separation legal, there are many benefits to doing so.

When the terms of a separation are made official on a Deed of Separation or a separation agreement, it ensures that both parties have a clear understanding of what their rights and responsibilities are surrounding:

• Living arrangements
• Custody and access arrangements where children are involved
• Maintenance payments
• Property ownership and occupancy
• Division of assets
• Taxation
• Succession and inheritance
• Payment of debts

In the interest of avoiding a lengthy court process and emotional trauma, it is hugely important to address these issues in the context of separation and to come to a mutual agreement regarding each one. To achieve this, a legally binding written contract is a necessity.

Speaking to a solicitor at the earliest stage is the most advisable starting point, as it’s important to first figure out if the process needs to begin at all.

If there appears to be some prospect of a reconciliation within the marriage, a couple will be advised on alternative routes that don’t lead to separation. It is a preliminary and vital step to ensure that both parties need and want to separate, given the emotional toll the process can take.

If separation appears to be the only solution, family mediation may be advised in order to encourage an amicable parting of the ways.

Thanks to our extensive expertise in the area, we can immediately tell what point a client is at in the separation process when they come to us. This enables us to figure out a suitable course of action from the get-go.

Technically speaking, you don’t need a solicitor when separating, but it is advisable. A separation is a complex process and an expert will help you to navigate any legal complications that might arise.

The presence of a solicitor is particularly pertinent in situations where conflict exists between the two parties separating. In such instances, a solicitor’s specialist expertise comes to the fore as we can utilise our professional skillset that allows us to veer you away from conflict and into a scenario where you can reach a binding agreement.

Many couples experiencing an amicable break up may also come to a solicitor to translate the terms of their separation agreement into a legal contract.

A separation is a mutual parting of two people who were in a relationship, and who are willing to come to an agreement surrounding the various terms of said separation. This is usually achieved with the help of a solicitor and will culminate in the drafting and signing of a Deed of Separation.

A judicial separation on the other hand, can be sought by one of the parties involved in the relationship and may be required on the grounds of adultery, abandonment, the natural breakdown of the marital relationship, and more. It is made official through the granting of a decree of judicial separation.

The separation process can take many forms, but it is most commonly based around negotiating a settlement between both parties, with each party separately represented. Negotiations will be carried out under a number of headings (custody, finances, property, and so on) depending on the couple’s circumstances.

Where there are children involved, custody negotiations will be prioritised. This includes parental access, maintenance, arrangements for holidays and special occasions, and where the children will reside on a day-to-day basis, as well as financial provision for future expenses like third-level education.

Other issues such as financial provision for both spouses, living arrangements, property and asset division and pension provision will all be examined and negotiated in detail.

With so much to discuss and agree on, it is essential to have compromise from both parties to ensure the process eventually draws to a successful conclusion.

While there are many variables involved, a legal separation usually takes between 12 and 18 months to complete. That said, it is highly dependent on the complexity of the situation.

The process tends to stretch out where there are disputes in relation to children and where there has been some form of domestic or substance abuse within the relationship. In such instances, where the welfare of the child is in question, a third-party representative such as a psychologist or social worker may be brought in for examination and assessment purposes.

While this delays proceedings, it is an integral exercise as the primary function of lawyers and the courts within the context of family law is to ensure the welfare of children is protected throughout the process.

It’s difficult to put an exact figure on this as each case is different. However, at Coghlan Kelly we favour transparency at the start and once we get an indication about how long a particular case might last due to its unique circumstances, we like to give clients a ballpark quote. This can usually be achieved by the second consultation.

There is only one fundamental difference between being legally separated and being divorced: if you are separated you cannot remarry, but if you are divorced you can.

The entitlements of two individuals during the process of separation will be largely dependent on their circumstances before they decided to separate.

For example, in situations where there are children involved, one of the parties may have been the stay-at-home carer while the other was the breadwinner in the traditional sense. This will affect how custody arrangements and maintenance allocation are treated in the separation agreement. The same principle will need to be applied in the case of joint assets, such as property.

Therefore there is no “one size fits all” rule in relation to entitlements within a separation agreement – it is dependent on countless pre-existing factors.

In short, yes. However, you must be in a position to make contact with your spouse, either to serve documents in the case of a judicial separation or to negotiate the terms of a legal separation.

In instances where the estranged spouse has gone AWOL and is uncontactable through traditional methods, core proceedings can be served by the court through email, Facebook and other social media platforms.

When a decision has been made by two parties to legally separate, it’s time to get the paperwork in order. There are a number of documents that are required when pursuing a legal separation. They are as follows:

• Marriage certificate
• Affidavit of Means – this sets out your financial circumstances and responsibilities and is required if both parties agree to make a full financial disclosure in the context of the separation agreement
• Affidavit of Welfare – this describes your relationship in relation to any children and describes all aspects of the children’s care, such as where they reside, what type of accommodation they have, whether there are third parties living with either party, and so on

These documents must be obtained through the collation of verified information, which means supporting documentation like bank account statements, pay slips, proof of address, medical records and more will need to be compiled by each party.