John G. Murphy
A legal separation can occur in two ways:
An Agreed Separation:
If possible, it is best for both parties to put the bones of an agreement together initially. In many instances, both parties go to a Mediator to assist with this, as it is more cost effective than dealing with two firms of solicitors from the outset. The solicitors then put the mediator’s agreement into legal format and prepare documents for all necessary property transfers and adjustments.
A Judicial Separation:
If one spouse refuses to cooperate in putting a separation agreement together, then the other spouse can make an application to the Court (usually the Circuit Family Court) for judicial separation i.e. a separation by court order.
You can apply for a divorce if you have been legally separated or lived apart 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.
At John A. Sinnott & Co. Solicitors Enniscorthy, Wexford; we will guide you through the entire process, every step of the way, whatever route you chose.