About Divorce & Separation - January 2021


Every client and their circumstances will differ. We provide a bespoke service to our clients whether they are seeking a separation or a divorce; we know how hard it can be to make the first difficult steps and attend a solicitor in what is an emotional time. In addition to the emotional toll that separating can exert upon clients, many have to deal with the financial demands that are part and parcel of separating. We will take you through the whole legal process from start to finish - our goal is to achieve a resolution of the issues between the parties. We aim find that sweet spot in negotiations were the interest of those concerned is adequately provided for and thereby avoid the stress and the cost court case.


Separation Agreements vs. Judicial Separation


With the shortening of the waiting period to obtain a divorce, fewer people are seeking legal separations, be it negotiated by way of a separation agreement or decided by the court which is called a judicial separation. Proceedings may be necessary if the parties cannot agree terms relating to the children or the provision of access, maintenance or perhaps where one of the parties refuses to engage in the negotiation process. Generally, if both parties are well advised, a consensus can be reached in relation to the division of assets, pension orders and any other issues between the parties, in which case we can have the agreement signed by the parties and made an Order of the Court. This way, the trauma of an actual hearing may be avoided. Rest assured, if the attitude of the other party is unreasonable, we will fully press the matter to secure your entitlements.


Divorce


To apply for a Divorce, you must have been living part from your spouse the last four years, whether that be in different houses or in separate parts of the family home and living separate lives and due to financial constraints, the parties have been forced to occupy the same premises. If the parties have been or are already legally separated, then the application for a divorce is a somewhat perfunctory matter. Often, we find that one of the parties will seek to revisit previous agreements and this can often prove to be acrimonious and hard fought. In such circumstances, the court will look to see if proper provision has been made for the applying party and a hearing will be required. In October 2011, Judge Denham in the Irish Supreme court adopted a firm view limiting the circumstances where previous agreements will be re-opened.


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