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Family Law
Separation Agreement Solicitor
A Separation Agreement Solicitor is a vital part of forming a separation agreement. A separation agreement is a binding contract between spouses and usually contains the following terms:
- Agreement to live apart. this is a fundamental provision in every separation agreement where the parties agree to live apart.
- Guardian and Custody of Children. If there are children under the age of 18 it would be usual for both spouses to remain as guardians. However, provision can be made for the custody of children to be provided to one spouse with rights of access being provided to the other spouse.
- v Maintenance. This is the sum and frequency of money paid for the maintenance of children and perhaps the spouse.
- v Property. It is usual for the separation agreement to detail how the property will be distributed. The courts have held that monies contributed by a spouse for improvements in the family home do not amount to a contribution to its acquisition and unless there was an agreement to the contrary (either express or implied) such payments are ignored in determining a spouse’s beneficial interest.
- v Succession. It is usual for a clause to be inserted by the spouses renouncing their rights to inherit in each other’s estate.
By entering a separation agreement, you cannot apply to the courts for judicial separation. A separation agreement does not act as a bar to divorce proceedings in the future.
The information contained in this website is an overview and explanation of the general process. It is not to be taken as legal advice. Please consult Local Solicitor for legal advice. If you need to get involved in a process Local Solicitor is in your corner to help you through the process. You can contact Local Solicitor by telephoning 01 8438138.
What else can our separation agreement solicitor help you with?
Divorce means that the marriage is dissolved. Once divorced you can remarry or enter a civil partnership. To obtain a divorce, you must have lived apart from your spouse for a period of at least 2 years during the preceding 3 years. Living apart usually means living in separate homes however, it is possible to live apart while sharing the same home. The court must be satisfied that there is no reasonable chance of reconciliation between the spouses.
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.
A separation agreement is a binding contract between spouses and usually contains the following terms:
Civil partnerships are partnerships which can be registered by two persons of the same sex. A court can grant a decree dissolving a civil partnership where:
Once a Civil Partnership has been registered each of the partners acquires rights, including:
A parent or legal guardian, whether married or not, can apply for maintenance from the other parent for their children. A summons is issued in the District Court by a parent seeking maintenance from the other parent.
Guardianship describes the legal responsibility of parents to make decisions and perform duties in relation to their child's upbringing. Married parents are automatically joint guardians of their children. Neither separation nor divorce changes this.
Fathers and others who have been appointed joint guardians by a court or by statutory declaration can be removed from their position if the court is satisfied it is in the child’s best interest.
Custody refers to the day-to-day care, residency and upbringing of children who are regarded as dependent children. Dependent children in custody matters are children who are under the age of 18. In cases of judicial separation or divorce, one parent is usually granted custody.
Access refers to the right of a child to maintain direct contact with the parent with whom the child does not reside. It can include the child staying overnight either occasionally, on alternate weekends or during school holidays and for the parent and child going on holidays together.
A Protection Order can be made by the court where it considers that there are reasonable grounds for believing that it is required for the applicant’s safety or welfare or that of a dependent child. The order can be applied for when applying for a safety order.
