# marriage broke down and we agreed to separate based on deed of waiver.



## captainchess (14 Nov 2007)

my marriage broke down and we agreed to separate based on deed of waiver.That has allowed me to buy new house and we are separated five years.divorce agreements were not processed since..question is can i organise new life with new partner


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## ClubMan (14 Nov 2007)

*Re: deed of waiver*



captainchess said:


> my marriage broke down and we agreed to separate based on deed of waiver.That has allowed me to buy new house


Did you manage to retain your _FTB _status as is allowed in certain situations with separated couples? There's a key post on this in the _Mortgages/Home Buying _forum.


> question is can i organise new life with new partner


 What precisely do you mean? If you mean get married then I don't think that you can do this as long as you are not divorced. And remember that _Irish _divorce is not necessarily (or ever?) clean break so your ex-spouse may always retain some claim on you/your assets (and vice versa) as far as I know (not 100% sure).


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## captainchess (14 Nov 2007)

*Re: deed of waiver*

Thank you for reply Clubman,could you pls,explain ftb,i do not wish to remarry but principally would like for any new partner to move in with me or any workable arrangement.


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## ClubMan (14 Nov 2007)

*Re: deed of waiver*



captainchess said:


> Thank you for reply Clubman,could you pls,explain ftb


Separatees can be treated as first time buyers


> i do not wish to remarry but principally would like for any new partner to move in with me or any workable arrangement.


What's stopping you? Even married people can shack up with others if they so choose. Not sure what you mean by "workable" though. What specific issues/concerns do you have (e.g. claims by your ex-spouse on your finances/possessions or you on theirs etc.)?


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## captainchess (15 Nov 2007)

*Re: deed of waiver*

my concern is even though we have have lived apart for five years  any new partner will view me as married as i technically appear to be.pls.note we had no children.


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## ClubMan (15 Nov 2007)

But you *ARE *still married. Maybe you need to get divorced even though, as I said, I don't think that we have "clean break" divorce in _Ireland_.


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## captainchess (15 Nov 2007)

Thank you Clubman whereas my ex was to pursue to process divorce and i would agree...she has not and appearsto want to this  leave this in limbo so my problem is can i organise future with new partner.


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## ClubMan (15 Nov 2007)

Obviously I am not privy to the details of your situation but this sounds like a poor arrangement. I know people who have done this and it does mean that they are stuck in some sort of limbo with regards to various issues (at least you don't have children which simplifies matters a little). Even if we don't have "clean break" divorce in _Ireland _I wonder if going the divorce route (one way or another) is the best option? If after 5 years this is not going to be done amicably/co-operatively then maybe it will never happen this way?


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## captainchess (15 Nov 2007)

Clubman,you have summed up the situation correctly and having bought my new house in the difficult situation of seperation/stress i am trying to rebuild my life.can i come come to agreement with new partner which gives mutual happiness and security.


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## ClubMan (15 Nov 2007)

captainchess said:


> can i come come to agreement with new partner which gives mutual happiness and security.


I'm not sure that this is a question that this forum or anybody else other than the two of you can answer to be honest. My opinion is that divorce sounds like the most appropriate option based on what you have posted so far. Whether or not that is an easy option is not clear but I get the impression that it might not be. Have you tried www.rollercoaster.ie for more opinions/advice?


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## captainchess (15 Nov 2007)

ClubMan said:


> I'm not sure that this is a question that this forum or anybody else other than the two of you can answer to be honest. My opinion is that divorce sounds like the most appropriate option based on what you have posted so far. Whether or not that is an easy option is not clear but I get the impression that it might not be. Have you tried www.rollercoaster.ie for more opinions/advice?


Thank you Clubman i was hoping that the original deed of waiver by which i bought a new house would allow me to pursue a new life even if divorce was not pursued by my wife as was the plan as put to me by my my wife when i moved out.


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## Stifster (15 Nov 2007)

captainchess said:


> Thank you Clubman i was hoping that the original deed of waiver by which i bought a new house would allow me to pursue a new life even if divorce was not pursued by my wife as was the plan as put to me by my my wife when i moved out.


 
Deed of waiver isn't enough, it is simply a deed that deals with property.

If you have been apart for 5 years and there is no prospect of reconciliation, then you satisfy the first two grounds for divorce, if there are no children we move on to whether the Judge would be satisfied that both parties are adequately provided for. If, for example, you have both paid your way for the last 5 years a judge is unlikely (but no guarantees) to award maintenance to either party. 

A simple divorce, on the basis that neither is looking for anything form the other can be done quite quickly and relatively inexpensively, you can do it yourself or instruct a solicitor.


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## usual (15 Nov 2007)

There is nothing to stop you moving on with someone else,if they dont have a problem with the fact that you are not even legally seperated, but in the long term,your wife has entitlements to all the benifits that your new partner might eventually need to feel secure.Financially and emotionally.D.i.y.divorce now readily available in ireland,but only an option if both parties are willing.


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## captainchess (15 Nov 2007)

I think matters will be sorted as outlined by Stifster and should suit both of us.thanks to all for help given.


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