Mutually Agreed Legal Separation. How to get this legally recognised?

M

Mick31

Registered User
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Hi,
Just need some info on legal separation.

Where two people mutually agree to separate and can work out their own terms, how do they go about getting this legally bound?

Is there a "separation form" or something similar, or does it still have to go through solicitors?


Thanks
 
Re: Legal Separation

There's a separation agreement. I imagine you would have to go to solicitors in order for it to be properly explained to you, and the terms agreed put in writing, the usual agreement to waive succession rights and future rights to property etc But where parties agree generally the fee is relatively small.
 
Re: Legal Separation

Thanks. Does that mean we can simply pop into a solicitor, and sign what's to be signed since we have already agreed on everything?

I was looking for separation forms on the net, but all I found were the US separation and divorce forms. I presume once filled they would not carry legal authority.

We already have our own paper version of the terms of separation (MS Word document), it's just getting it legally endorsed, if you know what I mean?


Thanks
 
Re: Legal Separation

What do you mean by 'legally endorsed'? Do you mean your signatures witnessed? If so, the man off the street can do this for you.

If you mean you need a solicitor to put your vague agreement into a legally binding format and advise you as to your rights, both future and present, and protect your interests, then you will have to pay for that- a legal separation agreement. I'm hearing from your post that you think since you have it all agreed that you should only have to pay a nominal fee ( or indeed download something from the internet and pay nothing at all), but in reality a relatively small fee now will save you potentially major problems in the future.
 
Re: Legal Separation

Thanks Vanilla,

yes, that's what I meant - legally binding format.

I did think it would be possible to do up agreement yourself as per standard template and register such a thing in court , which is the case in many countries around the world.

Nevertheless, coming back to this....I presume we would then have to use different solicitors to get this arranged since one solicitor cannot give advise to both parties as he is supposed to act in the best interest of a client, am I correct in saying that?

When you say a small fee, are we talking about 50 or 500 euro???
 
Re: Legal Separation

Yes, you would both need seperate solicitors. One cannot represent both parties.
 
Re: Legal Separation

[broken link removed]

If you can agree terms you are in a much better situation than other couples. I suggest you contact the family mediation service - they will help you draw up the necessary agreement and although it may ultimately need some legal intervention it will be much faster and cheaper if you agree through mediation first.

Good luck
 
Re: Legal Separation

Suggest you get a recommendation for a good family law solicitor and then ring and ask for a quote. Normally one of you will instruct a solicitor, then that solicitor draws up the paperwork and arranges for the other party to see an independant solicitor to sign.
 
Re: Legal Separation

I would strongly recommend that you seek a Judicial Separation; a Separation Agreement is only good so long as both parties stick to what they have agreed, and all too frequently one or other party will start to act the maggot.

If you already have settlement terms agreed between you then getting a JS should only take you 10 mins in court.
 
Re: Legal Separation

Interesting, and seems very straightforward.

I kind of thought something like that would be possible. I just do not know what format they accept in court, is there a certain form or number of forms that are to be filled in as a requirement. I have no need whatsoever to use a solicitor since everything has been agreed. We registered for mediation in October and still waiting for them, that might happen in 2010!!!!!

In the meantime I have come across a website with a very good explanation of separation agreement and what it stands for.

[broken link removed]
 
Re: Legal Separation

I know if you use collaboratively trained lawyers the whole process is amicable and costs a lot less than a contentious separation. A collaborative separation can only be done if both sides agree on everything and it sounds like you do.

I think you can get a list of collaborative family lawyers in Ireland from the Association of Collaborative Lawyers (or similar!)
 
Re: Legal Separation

Kildrought said:
I would strongly recommend that you seek a Judicial Separation; a Separation Agreement is only good so long as both parties stick to what they have agreed, and all too frequently one or other party will start to act the maggot.

If you already have settlement terms agreed between you then getting a JS should only take you 10 mins in court.
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Are JS's now really outdated as divorce is now available. Would a divorce not be more cost effective than a JS?
 
Re: Legal Separation

Not everyone has the requisite 4 out of 5 years living apart. But does have a need to regulate matters formally. Be that by way of Agreement or Court order. And only a Court can make Pension Adjustment Orders.

And a big deterrent for many is ( suprisingly?/unsurprisingly?) opposition to Divorce on relgious grounds.

mf
 
Re: Legal Separation

Mick31 said:
I just do not know what format they accept in court, is there a certain form or number of forms that are to be filled in as a requirement. I have no need whatsoever to use a solicitor since everything has been agreed.
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Those two statements seem decidedly at odds with each other!

Seriously, the fact that you are able to agree is great, but don't let that make you rule out having a solicitor. Solicitors may raise issues that you don't even realise need to be considered; you might think that everything's sorted but not have considered fees involved in any property transaction, or changing wills, or life assurance... all sorts of things.

If you have the basics of your separation agreed, a solicitor will be able to ensure that it is clear and has legal effect (so if you're going to court later, either to divorce or because something has got messy, you can produce an agreement that the judge will actually have regard to).

Paying a solicitor now may avoid future difficulties and much bigger expenses down the road. Even if you have no children, no property, and earn similar amounts (close to as simple as it can get), it's still worth getting advice to ensure you've considered everything and you're both protected. And it shouldn't be all that expensive either.
 
Re: Legal Separation

D8Lady said:
Yes, you would both need seperate solicitors. One cannot represent both parties.
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Are you sure, what about when both parties agree? (I have close relations who did this and it's nearly 20 years ago)
 
Re: Legal Separation

If a solicitor is foolish enough to represent two people who have opposing needs, and if, in the future, one of those parties says, actually, now that I come to think of it, how can one solicitor honestly act impartially on both sides? And if that person subsequently takes an action against the solicitor who did act for both, saying, you know, I'm not sure that I got a great deal and its your fault, a Court will almost always say, you know what? You should not act on both sides.

mf
 
Re: Legal Separation

Bronte said:
Are you sure, what about when both parties agree? (I have close relations who did this and it's nearly 20 years ago)
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A lot of things are done differently now than they were 20 years ago. Back then it might have seemed acceptable, now it would be folly. Case law and legislation ( and law society regulations) have changed and are ever-evolving.
 
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Re: Legal Separation

Vanilla said:
A lot of things are done differently now than they were 20 years ago. Back then it might have seemed acceptable, now it would be folly. Case law and legislation ( and law society regulations) have changed and are ever-evolving.
Click to expand...


Isn't Family law 'in camera' - how could case law apply here when it is secret ?
 
Re: Legal Separation

Kildrought said:
I would strongly recommend that you seek a Judicial Separation; a Separation Agreement is only good so long as both parties stick to what they have agreed, and all too frequently one or other party will start to act the maggot.

If you already have settlement terms agreed between you then getting a JS should only take you 10 mins in court.
Click to expand...

Most definitely - get the agreement made an order of the court.
 
Re: Legal Separation

Bronte said:
Are you sure, what about when both parties agree? (I have close relations who did this and it's nearly 20 years ago)
Click to expand...

definately wouldnt recommend it, my mother in law had same counsel in a divorce case (not Ireland) and he advised her to leave with nothing from the relationship as husband was in debt meaning she didn't carry the debt and he advised the husband to declare bankruptcy. In the end years later it turns out they were never actually divorced and when he died she got everything and his kids got nothing because of some rule in the country where it all happened. same lawyer held the will from when they were married (never changed) and he was advising her to take the money and the kids to contest it!
 
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