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Issues >>> Separation
Legal Separation Agreement
Where a couple agree
to separate, the details can be worked out through a deed of
separation which is acceptable to both sides.
It is a legal written contract between a husband and wife to
separate. It covers maintenance, custody of children, ownership
and occupation of the family home. The difference between a legal
separation agreement and a judicial separation is the spouses
decide the terms of separation rather than have the terms imposed
by the court, the courts need not be involved . It will only
involve two solicitors, one representing the wife the other
representing the husband.
Mediation
Mediation is a service to help couples
who have decided to separate, or who have already separated, to
negotiate their own separation terms.
How can it help?
This service encourages the
separating couple to Co operate with each other in working out
mutually acceptable arrangements on all or any of the following;
- Parenting the children.
- Maintenance.
- Family home.
- Any other problems relating to the separation.
This
service is confidential and both spouses are required to attend.
They will be assisted by a professionally trained mediator.
Where can I go for Mediation?
This service is under the auspices
of the Dept. of Equality and Law reform and is free.
Family Mediation Service 01-8728277 /
01-8728708
Family Mediation Service
Dundalk 042-9359410
Cavan Family Resource Centre 049-4371363
Aim is a
voluntary organisation and would ask for a contribution for each
mediation session.
Judicial Separation
Judicial separation frees both partners in a marriage from
their obligation to live together, it does not allow the separated
spouses to remarry.
The Grounds For A Judicial
Separation
- If the spouse has committed adultery.
- The other spouse has behaved in such a way that you cannot
reasonably be expected to live with him.
- If you have been deserted by your spouse for a continuous
period of one year immediately prior to the date of application
for a separation. (desertion also includes conduct on behalf of
the spouse which caused you to leave).
- That you and your spouse have lived apart for one year
immediately prior to the date of application for separation and
your spouse agrees to the separation.
- That you and your spouse have lived apart for a continuous
period of three years immediately prior to the date of the
application.
- The marriage has broken down to the extent that a normal
martial relationship has not existed between the spouses for a
period of at least one year immediately prior to the date of
your application for a judicial separation.
