Separation Agreements

Separation Agreements. A Separation Agreement is a legally binding contract setting out the party rights and obligations to the other. The terms of the agreement are usually reached either through mediation or negotiation through solicitors. If agreement can be reached reasonably quickly between the parties and a Separation Agreement drafted, it is inevitably cheaper and less stressful than a fully contested court case.

Judicial Separation

When a couple cannot agree the terms by which they will live separately, an application to the courts for a decree of judicial separation can be made by either party. If the court is satisfied that the required conditions are met, the court will grant a decree of judicial separation.

Divorce in Ireland

To get a divorce in Ireland, you must meet certain conditions. If you meet these conditions, you can apply to a court for a decree of divorce. This is a court order saying the marriage is dissolved (officially over) and means that you are free to remarry. A decree of divorce cannot be reversed, except in exceptional circumstances.

Foreign Divorce

Many people believe that all foreign divorces are recognised in Ireland. This is not the case. Prior to the Family Law Divorce Act, 1996, the recognition of foreign divorces was dependent on the question of “domicile”. Domicile is different to residence and generally refers to the country where you were born or the country where you can prove you intend to reside indefinitely and where all your business and family ties are. It sounds strange now, but prior to 1986, a wife in Ireland had no independent domicile and automatically took the domicile of her husband, no matter where she lived. Happily, this is no longer the case.

Annulment

A decree of nullity is a declaration by a court that your marriage never existed in the eyes of the law. It means that no valid marriage exists between you and your partner. Nullity (or annulment) is not the same as divorce. Divorce is a declaration ending a valid marriage. Nullity is a declaration that a valid marriage never existed.

District Court

We act for private clients in respect of the following court applications:

• Domestic Violence cases i.e. Safety & Barring
• Guardianship Statement of Arrangements
• Access & Breach of Access Statement of Arrangements
• Maintenance Statement of Means
• Arrears of Maintenance
• Enforcement of Maintenance
• Passport applications
• Relocation cases