# Affidavit of means



## WN4 (27 Apr 2011)

In a legal separation / divorce is an affadavit of means always required or just when one party is seeking financial assistance from the other?


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## iscritto (27 Apr 2011)

For divorce yes - not 100% sure about LS. 

http://www.courts.ie/rules.nsf/0f96...b78ad2256d181c0d80256f24006559e5?OpenDocument


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## Bronte (28 Apr 2011)

Either way it would be better to have a list of all income and expenditure for both parties.


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## Thirsty (28 Apr 2011)

If by legal separation you mean Judicial separation and if there is either children or a maintenance order involved you will need to file one.


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## Vanilla (2 May 2011)

Bronte said:


> Either way it would be better to have a list of all income and expenditure for both parties.


 

And for this reason the Law Society now recommends that even where there is no application for maintenance or a financial order, that the solicitors for both parties insist they exchange affadavit of means.


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## Bronte (6 May 2011)

Vanilla said:


> And for this reason the Law Society now recommends that even where there is no application for maintenance or a financial order, that the solicitors for both parties insist they exchange affadavit of means.


 
That's very good.  Does it apply only where one is going to court or doing a legal separation via a solicitor only.


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## Vanilla (6 May 2011)

Bronte said:


> That's very good.  Does it apply only where one is going to court or doing a legal separation via a solicitor only.



It's a best practice recommendation for solicitors from the Law Society, so yes, it would be where a solicitor is involved.


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