# Inheritance and separation



## chairmanmeow (6 Jun 2012)

Here is the situation. Parents seperated acrimoniously over ten years ago, went to the courts,assets split and maintenance is paid to the mother. However, no divorce was finalized as money issues rumbled on for years, but they have live apart since then. Father has set up another business since the split which is worth some money. Mother is trying to finalize divorce (and get some of the new business?) Both father and mother telling various versions of the truth over the years, and some of the adult children getting involved, some not. What I would like to know is, should a divorce not be finalised, father is worried his (very) estranged wife has a claim on his estate, and should she outlive father this will effect childrens' inheritance, particularly if they are seen to support father. Is this possible, and surely avoidable if they are legally seperated and/or father has made a will? Any advice much appreciated.


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## mf1 (6 Jun 2012)

Presumably they have a Judicial Separation?  

So, just check the terms of the Orders made at the time when they were in Court.

It would be usual  that the Court Orders would provide that Succession Act rights would be extinguished. 

mf


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## TheFatMan (7 Jun 2012)

I thought there was a case 2 years back were a divorced spouse went back to the high court for a 2nd bite of the cherry. Similar case to the OP except there was a divorced granted. Judge declared that the 1st wife had substantially contributed to the circumstances that allowed for the husband to have a strong career even after the divorce basically she'd laid the groundwork raising the family. So she got a piece of his pension from employment taken up after the divorce.


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## mf1 (8 Jun 2012)

OP asked :

"What I would like to know is, should a divorce not be finalised,"

There may well have been another case as TheFatMan says.

mf


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## 22+allin (13 Aug 2012)

mf1 said:


> Presumably they have a Judicial Separation?
> 
> So, just check the terms of the Orders made at the time when they were in Court.
> 
> ...


 
What is a Judicial Seperation? I have a seperation agreement. Is my seperation different. what I mean, is it worth the paper its written on?
I am told that no matter what seperation agreement you have, one or other can come back for a second bite of the cherry,


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## Daffodil (13 Aug 2012)

Unfortunately under Irish law there is no such thing as a full and final settlement in family law. It was one of the concessions made when bringing in divorce. It means that even after divorce either party can go back to court looking for more.  It is very unfair and means that if one partner makes a good of things and does well for him/herself, they will constantly be looking over their shoulder to see if their ex is coming after them.

Having said that it is very rare that the courts award any more after divorce but is has happened. If you google it you will find several reports in the papers about similar cases.

It's time the divorce legislation in this country is brought up to date.


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## 22+allin (13 Aug 2012)

The problem is we dont even have a divorce, when we seperated 17 years ago we split what we had between us, but in the mean time I have made some money buying and selling property, I would like to get on with my life and try for a divorce ex will agree to divorce, but wants money from me now ( no children ) I have a small pension, and money on deposit. If i die is ex entitled to my lot if i dont make a will?


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## Daffodil (13 Aug 2012)

Is your agreement a judicial separation - ie was it stamped by the court or did you just draft it between you.  If you have an agreement in place and your ex is happy to give you a divorce it might be better to just go ahead with it.  You can do it via a solicitor or you can do it yourself by lodging the papers in the court.  The clerk at the court will help you with what you need.  You will need to see what it says on your separation agreement with regard to sucession rights.  If there's money in question it might be worth getting advice from a solicitor but it will cost you !


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## 22+allin (13 Aug 2012)

I dont know what a judical separation is, As I said I have a Separation Agrement we each had our own solicitors. we have a Deed of Separation.We have a Deed of Waiver, but I am told its not worth the paper its written on as its not a enforceable contract. Ex is happy to give me a divorce if i give her more money.


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## Daffodil (13 Aug 2012)

It might be worth your while going to see the court clerk with the papers you have.  They are the best people to tell you what you need to go forward with your divorce.


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## Bronte (14 Aug 2012)

TheFatMan said:


> I thought there was a case 2 years back were a divorced spouse went back to the high court for a 2nd bite of the cherry.


 
There was a case and we discussed it in AAM if I recall correctly. It was where the 'ex' wife had squandered though property transactions the money she received via the divorce but now she needed long term medical care and there was going to be a substantial cost to this and she went to court and the 'ex' husband had to pay out a very hefty sum. He had done very well for himself. Divorce Irish style.

As far as I know a judicial separation is an agreement drawn up by a solicitor outling what each party agrees to in the separation.  In it one can renounce the Succession Act.  My own parents have one but they didn't renonce the succession Act, no idea why but there you go.  If you have a judicial separation you cannot remarry, to do this you need to divorce.  Actually maybe a 'judicial' separation is when you go to court to draw up the agreement and separation agreement is when you don't go to court but agree to separate on paper with your solicitor.


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