ClubMan said:Not sure about the Ray Parlour case but in this case the solicitor claimed that the fact that she took on joint debts alone and eventually cleared them and the fact that she wanted to protect her existing assets (house that she bought herself after debts were cleared, pension etc.) would be immaterial and everything would be back on the table. This didn't sound right to her and the cost mentioned seemed excessive. On the other hand she has not shopped around further just yet but would like to finally cut all ties sooner rather than later.
Thanks for that info MOB - very useful to know.MOB said:As regards:
"the solicitor claiming that existing agreements made on assets/debts etc. during the judicial separation stage (over a decade ago) would be back on the table for renegotiation which didn't seem right to her/me."
I can confirm that this is in fact the law. There is no such thing as a "clean break" divorce in Ireland. There was a case which was reported in the papers as being the first "clean break" divorce case in Ireland, but in fact it was not (the court did go so far as to say that it expected not to hear from either side again, but that was as far as one can go in Ireland); The courts can always re-visit the situation in light of changed circumstances.
Importantly, it is not necessary that the original settlement was "unfair or unbalanced". A change in circumstances after the settlement can be taken into account by the courts.
The District Court has no jurisdiction in Divorce cases.
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