Mutually Agreed Legal Separation. How to get this legally recognised?

Re: Legal Separation

Well this case was highly unusual, two people who had to separate and didn't want to pay counsel, nor go to court, nor get divorced and it's all worked out perfectly as they are still not talking 20 years later. I think it cost 500 IEP and they both still use the same firm of solicitors albeit separately. Some people can actually split amicable even if not speaking.

Re: Legal Separation

danash said:

Isn't Family law 'in camera' - how could case law apply here when it is secret ?

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The 'In Camera' rule means that the actual hearings ( for the most part) are heard in private, but some of the more important high court cases have been reported ( names removed etc). Plus normally your solicitor will have personal experience of trends/judgements in the area and will instruct an experienced barrister who may have up to 20 or 30 years of daily experience of judgements. So case law still very relevant in family law.

Re: Legal Separation

Bronte said:

Well this case was highly unusual, two people who had to separate and didn't want to pay counsel, nor go to court, nor get divorced and it's all worked out perfectly as they are still not talking 20 years later. I think it cost 500 IEP and they both still use the same firm of solicitors albeit separately. Some people can actually split amicable even if not speaking.

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It's not all that unusual. I remember when divorce first came in I had quite a number of uncontested cases where couples had been already separated for years and wanted divorces in order to remarry their new partners.

Re: Legal Separation

My wife and I recently married and recently separated. Thankfully there are no children involved. She wants to just remain separated for the four years before applying for divorce but I’ve met with a family law solicitor who reckons that there are sufficient ground to apply for a nullity. Judging by statistics from the last number of years it is only granted in about 50% of cases. It would however be worth it in the long run. Can anyone tell me roughly what is the cost and timeframe for the for the process. Also are there any other options

Re: Legal Separation

Just to add a few words to what has already been stated: the costs for an agreed\amicable separation agreement have gone up a little lately because the Law Society has recommended a change in practice.

In the past, where two parties both instructed their respective solicitors along the lines "everything is agreed, we just want the agreement put in writing", the solicitors would do just that. One meeting to take instructions, one meeting to sign agreement, fee as low as perhaps €500 + VAT (and possibly less on the part of the solicitor of the other spouse - who merely reviewed the agreement rather than preparing it)

Now, presumably because someone who did exactly the foregoing subsequently regretted their decision and blamed their solicitor, it is a best-practice requirement that both parties exchange affidavits of means.

In other words, even if the husband says "I don't care what she has - I don't want any of it", the solicitor has a duty to ascertain exactly what it is that she has, so that the husband is on record as having made an informed decision. Ditto for wife of course. This may extend to getting property valuations etc.

This means that there is a bit of extra work involved on both sides. So the days of getting things out of the way with one consultation to take details and one further consultation to sign the agreement are pretty much behind us ( actually, practice is not yet uniform on this - but what I have outlined is now recommended practice and will become standard)

Re: Legal Separation

Interesting, parties choosing to get separated, rather than divorced.

This must have large implications on inheritance, should one of them die, especially if there is another partner/family involved post separation.

In Bronte's (Or Mick's) case above, if one of the parties dies, will the second person not have inheritance rights..And has this scenario been considered if so?

Nicola

Re: Legal Separation

"In Bronte's (Or Mick's) case above, if one of the parties dies, will the second person not have inheritance rights..And has this scenario been considered if so?"

The parties can agree, in the Separation Agreement, to waive their Succession Act rights so that the matter of inheritance is not an issue.

Lots of people choose separation over divorce, even where they have the requisite time period allowed. This can be on religious grounds or, what I find more often, whatever about a separation, one party will not even countenance divorce and will prove so awkward and difficult, that the other party will go for separation only. Agree on full and final settlement and then later, go for the divorce, which they will get.

mf

Re: Legal Separation

Thanks Mf.

One of my friends mothers is in a similar position, having separated many years ago, but not divorced.

I would almost bet that they have not sorted out succession rights however, so he could be entitled to a claim on her property should she (God forbid) die.

Nicola

Re: Legal Separation

In the case I outlined they agreed to keep the succession rights. Now they are trying to outlive each other......... but there might be nothing as for one everything was in property and the other shares.........

The reason for not going for divorce was not religious, it was, been there done that, got burnt, never again.

Re: Legal Separation

daveyk said:

My wife and I recently married and recently separated. Thankfully there are no children involved. She wants to just remain separated for the four years before applying for divorce but I’ve met with a family law solicitor who reckons that there are sufficient ground to apply for a nullity. Judging by statistics from the last number of years it is only granted in about 50% of cases. It would however be worth it in the long run. Can anyone tell me roughly what is the cost and timeframe for the for the process. Also are there any other options

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Apologies for revisiting an old post but I find myself in a very similar position to the attached quote. Can anybody please offer genuine advise on this? Thank you.