Divorce…Negotiating a settlement between us to present to Solicitor … Advice please.

[DannyBoyD]

That’s a very extreme and unrealistic suggestion

Why?

The current proposition is exactly that; the only difference being the gender of the child-rearing partner.

Is the gender that makes it "extreme & unrealistic"?

 

[ArthurMcB]

But there are exceptions, the most common scenario being when one spouse brings a vastly disproportionate share of the assets into the marriage.

Any link to evidence/law supporting this?

 

[Gordon Gekko]

It's a bit more complicated than that.


Good advice generally, particularly about time, energy and fees, but it's not necessarily 50:50.


As a general rule of thumb, yeah, in a lot of cases, it is indeed that simple. But there are exceptions, the most common scenario being when one spouse brings a vastly disproportionate share of the assets into the marriage. This is often the case in farming situations or where one party benefits from a large inheritance.

Imagine a scenario where a young lad inherits a 200 acre well stocked farm and swiftly follows his good fortune with a whirlwind courtship and brief and tempestuous, but childless, marriage. Do you seriously think the ex-spouse will walk away with 100 acres and half the stock?
Not gonna happen.

So they’re not marital assets!

The public sector pensions / defined benefit pensions are a perfect example.

40 year career and married for 18.

9/40 due to the estranged spouse.

 

[Right Winger]

So they’re not marital assets!

Ok, it's a terminological thing.

The public sector pensions / defined benefit pensions are a perfect example.

40 year career and married for 18.

9/40 due to the estranged spouse.

Yep, we're actually agreed so!

 

[ArthurMcB]

As a general rule of thumb, yeah, in a lot of cases, it is indeed that simple. But there are exceptions, the most common scenario being when one spouse brings a vastly disproportionate share of the assets into the marriage.

@Right Winger so what are you saying here? In a scenario where one part brings a significant amount of assets into a marriage then the split is not 50:50? Is this a fact. Have you have link etc to the law on this or an example?

I thought marital assets are split 50:50 bar taking account of nuances such as one staying in family home to look after kids.

 

[ClubMan]

That’s a very extreme and unrealistic suggestion.

Divorce is “no fault” in Ireland. It doesn’t matter if someone is a bad father or a hammer-man. The split is 50:50.

And that's a completely simplistic analysis.
There's no 50:50 spilt entitlement by default in spite of what lots of people seem to assume.

 

[ClubMan]

I thought marital assets are split 50:50 bar taking account of nuances such as one staying in family home to look after kids.

You thought wrong.

 

[ArthurMcB]

You thought wrong.

Seemingly so. But have you any evidence or link to anything that might give some detail on this? Thanks.