Mediation – A Mediator can assist a couple in reaching agreement in relation to the various issues and this can then form the basis of a Separation Agreement.
Separation Agreement – A Separation Agreement can be negotiated with the assistance of a Solicitor. A Separation Agreement is a legally binding document, which deals with present and future issues.
Judicial Separation – By Obtaining a Decree of Judicial Separation under the Judicial Separation and Family Law Reform Act, 1989 from the Court together with the appropriate ancillary Orders.
We will discuss your situation in detail at our first consultation and help you to decide the best option for you that is appropriate to your circumstances.
Judicial Separation is the preferable option where:
Children are involved so to try and avoid any potential problems with maintenance or access in the future that would necessitate repeat applications to the District Court.
It is proposed that Pension Adjustment Orders will be made as this cannot be dealt with in the context of a Separation Agreement
Prior to granting a Decree of Judicial Separation the Court must be satisfied that one or more of the following grounds apply:
Adultery
Unreasonable behaviour
Desertion
The spouses have lived apart from one another for a continuous period of at least one year immediately preceding the date of the application and both parties consent to a decree being granted
The spouses have lived apart from one another for a continuous period of at least three years immediately preceding the date of the application
That no normal marital relationship has existed between the parties for a period of at least one year immediately preceding the date of the application
The ground most commonly relied upon is that no normal marital relationship has existed between the parties for a period of at least one year immediately preceding the date of the application.
It should be noted that the party bringing the application will be required to give evidence and satisfy the Court in this regard.
The Court will also make the appropriate ancillary Orders in respect of the following:
