Separation:
This can occur in two ways:
An Agreed Separation:
It is often best to advise both parties to go to a Mediator first to put the bones of an agreement together in a far more cost effective way than dealing with two firms of Lawyers from the outset. The Lawyers then put the mediators agreement into proper legal form and prepare documents for all necessary property transfers or adjustments.
Judicial Separation:
If one spouse refuses to cooperate in putting a separation agreement together, then the other spouse can make application to the Court (usually the Circuit Court) for judicial separation i.e. a separation by court order.
Divorce:
You can apply for a divorce if you have been separated for four years. The main reason in applying for a divorce is to have the right to remarry. Before a court grants the divorce, there are many factors to be taken into account such as living arrangements, children and their future needs and welfare, property, financial circumstances, succession rights, pensions etc. Your divorce solicitor will guide you through the whole process.
Contact: John G. Murphy /Anthony Rath
Email: info@johnasinnottsolicitors.ie
Telephone: +353 53 9233111
Fax: +353 53 9233042