New service: Closure Legal Separation

I read about this in the paper. I have no idea if it's any good or not.

[broken link removed]

What are the benefits of a Closure Legal Separation?

• Cost
  The traditional legal route can be very expensive, often running into tens of thousands of euro. A Closure Legal Separation costs just €1,500 per person, excl. V.A.T.
• Law, Mediation and Psychology working together
  Spouses have access to independent legal representation, accredited mediators and parent mentors under one roof for a fixed fee. All professionals are committed to working together to ensure the best interests of each spouse are achieved.
• Reduced Stress and Conflict
  The non-adversarial nature of mediation can be very beneficial for both the children of a separating couple and the spouses themselves. Closure's co-operative process minimises the level of conflict between parents and allows the parties come to a mutually satisfactory agreement.
• Child Focused
  Closure offer the opportunity for separating couples to meet with a parent mentor at no extra cost, to ensure the separation is carried out in a manner which addresses the needs of the children as a primary concern.
• Promotes A Better Working Relationship
  Closure promotes a civil working relationship between separating spouses by reducing the strain and cost associated with lengthy legal proceedings.
• Best Possible Outcome
  Facilitated by a mediator, spouses determine the specifics of their legal separation agreement ensuring it is best designed to suit their needs. The solicitors then draw up a formal Legal Separation using the spouses agreed terms. Once signed by both spouses the separation is complete.
• Time
  No unnecessary delays or protracted court proceedings. If each party wishes the legal separation will be completed within 6 weeks.

What is a Closure Legal Separation?

As well as standard mediation services, Closure also offer a new multi disciplinary approach which combines the services of both mediators and solicitors, to allow separating couples to achieve a legal separation with minimal conflict and minimal cost.
In addition to the benefits of Mediation and Law, our unique co-operative approach also includes consultation with a clinical parent mentor allowing greater emphasis to be placed on workable parenting measures where children are involved.
Where appropriate, and only if the parents wish, our parent mentor will meet directly with the separating couple to offer advice on how best to handle the separation allowing for the specific needs of the children. This approach has proved to greatly reduce the stress placed on children during and after such a difficult period.
How does the process work?

Closure ensures the separation process is managed efficiently and eliminates unnecessary conflict when negotiating the legal separation. The various and wide ranging issues to be determined when two parties are separating are initially determined in mediation sessions and in consultation with the clinical parent mentor. Both spouses are then referred to independent solicitors who have been formally briefed as to the contents of the mediated agreement reached.
The appointed solicitors then agree a formal Deed of Separation and the final document is carefully considered by each client. When the document is executed, witnessed and exchanged by both solicitors, the legal separation is formally complete.
Steps involved in a Closure Legal Separation

• Step 1.
  Both spouses contact Closure to arrange an initial appointment at a mutually convenient time.
• Step 2.
  The mediator meets with both spouses together (up to 8 hours) over approximately one month to facilitate an agreement on matters such as custody, access, maintenance, budgets, division of assets, pensions and succession rights.
• Step 3.
  Where children are involved and if both spouses wish, they can meet with a clinical parent mentor. This optional service focuses on helping them to pass through this emotionally difficult time with minimal disruption and stress.
• Step 4.
  Each spouse meets independently with their chosen solicitor (from the Closure Legal Panel) for legal advice on agreements reached during mediation.
• Step 5.
  On agreement, a legal Deed of Separation is executed and exchanged by both solicitors and the the spouses are then legally separated.

Would the above be acceptable to a judge when down the road a divorce is sought?

bond-007 said:

Would the above be acceptable to a judge when down the road a divorce is sought?

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I don't see why not - the parties will sign a legally binding Separation Agreement on the advice of their individual solicitors.

I think it sounds a terrific idea BUT...........

The big issue is the problem of getting two people to agree on terms. If people agree on things, a legal separation is relatively easy. Its when people do not agree and one person needs the compunction of a Judge to compel them to sort anything out that the lawyers are primarily needed.

Of some of the cases I have on my desk currently, the issues are:

1. Runaway spending in the good times and used the property as a glorified ATM - one party does not want the good times to end and will agree to nothing. Cue massive debts and no way of clearing them.

2. Disinterest in the kids - happy to come and go as and when suits but dislikes the idea of fixed time keeping. Sees no reason to pay maintenance as remains in the family home and spouse and kids have left. No-one is going to tell them how to live their lives!

3. Serious personality disorders ( on both sides!). The dawning realisation that a Court will make serious orders affecting their lives is likely to hit home only on the day of Court.


The service above won't help these as there is no real will to sort out and no acceptance of their own responsibility to resolve matters.

mf

Hi Brendan,

I work with Closure Mediation. Thanks for posting this. Which paper did you read this in?

Regards, Niall.

I'm all for a non-adversarial system of law in relation to family law, but I'd be reluctant to use it on the basis that it can't make provision for pension adjustments, and the parties are precluded in the future from applying for a judicial separation.

If the service provided was to make the agreement an order of court and make it a judicial separation, then it would be better.

Sorry Skewer

Just saw that now and have rummaged through my wastepaper bin.

It was a piece in the Irish Independent by Aideen Sheehan called "High Costs prevent couples splitting up"

I would guess it was on the day of my first post, but I might have been reading the paper a few days later. It doesn't seem to be online.

Brendan