OFFALY SOLICITORS AND NOTARY PUBLIC - FAMILY LAW, SEPARATION, JUDICIAL SEPARATION AND DIVORCE
We at Thomas W Enright Solicitors have particular expertise in the area of Separation Agreements, Judicial Separation and Divorce,
Our family law team includes Ken Enright, solicitor and Alison Enright, barrister-at-law.
Our family law team includes Ken Enright, solicitor and Alison Enright, barrister-at-law.
Separation
When a marriage or civil partnership breaks down, and a couple intend to live separately, they may enter into a separation agreement.
If a couple cannot agree terms for living separately, either person can apply for a decree of judicial separation. If a couple have agreed the terms of their separation, they may also apply for a decree of separation to formalise the agreement.
If a couple cannot agree terms for living separately, either person can apply for a decree of judicial separation. If a couple have agreed the terms of their separation, they may also apply for a decree of separation to formalise the agreement.
Separation Agreements
A separation agreement may cover issues such as:
If a couple wishes to negotiate an agreement through solicitors, each person should have their own solicitor to represent their interests. A couple can also come to an agreement through mediation.
When an agreement is reached, drawn up, and signed by both parties, it is usually called a Deed of Separation. This is a legally binding contract.
The parties can apply to make this contract a rule of court. This means that, when the appropriate law applies, the terms agreed between the two people can be legally enforced. Either party can also apply for a decree of judicial separation to formalise the agreement.
- Who should live in the family home.
- What should happen to any other property that the couple own.
- Where any dependant children should live, and access arrangements.
- Whether either person should make maintenance payments to the other.
If a couple wishes to negotiate an agreement through solicitors, each person should have their own solicitor to represent their interests. A couple can also come to an agreement through mediation.
When an agreement is reached, drawn up, and signed by both parties, it is usually called a Deed of Separation. This is a legally binding contract.
The parties can apply to make this contract a rule of court. This means that, when the appropriate law applies, the terms agreed between the two people can be legally enforced. Either party can also apply for a decree of judicial separation to formalise the agreement.
Judicial Separation
Any person can apply for a decree of judicial separation from his or her spouse. An application must cite one of the following grounds:
- Adultery.
- One person has behaved in such a way that it would be unreasonable to expect the other person to continue to live with them.
- One person has deserted the other for a continuous period of at least one year.
- The couple have lived apart from one another for a continuous period of at least one year, and both parties agree to the decree being granted.
- The couple have lived apart from one another for at least three years.
- The Court considers that a normal marital relationship has not existed between the spouses for at least one year.
Applying for a Decree of Judicial Separation
We will be able to make application on your behalf for a decree of judicial separation.
Briefly, a Civil Bill seeking a decree of judicial separation will set out the main points of your claim, details of the law under which you are making a claim, and any orders or reliefs (such as maintenance payments) being sought.
We will also need from you details to enable us to lodge, along with the civil bill, two other important documents:
The Affidavit of Welfare sets out information on any dependent children, including living and access arrangements, and any special education or health needs that they have.
If you are making a claim on your spouse’s pension, we must file on your behalf a notice to trustees.
Briefly, a Civil Bill seeking a decree of judicial separation will set out the main points of your claim, details of the law under which you are making a claim, and any orders or reliefs (such as maintenance payments) being sought.
We will also need from you details to enable us to lodge, along with the civil bill, two other important documents:
- An Affidavit of Means.
- An Affidavit of Welfare.
The Affidavit of Welfare sets out information on any dependent children, including living and access arrangements, and any special education or health needs that they have.
If you are making a claim on your spouse’s pension, we must file on your behalf a notice to trustees.
Divorce
A decree of divorce dissolves the marriage contract. This terminates certain rights, including succession rights. It also gives either party the right to remarry.
If you or your spouse intends to seek a decree of divorce, you should seek legal advice as soon as possible. We will help you to consider the divorce proceedings, and alternatives that can include:
If you or your spouse intends to seek a decree of divorce, you should seek legal advice as soon as possible. We will help you to consider the divorce proceedings, and alternatives that can include:
- Entering into a separation agreement that does not require attending court.
- Negotiating the terms of divorce, which can be ruled in court by agreement.
The Divorce Process
If you instruct us to issue divorce proceedings, we will arrange for the issue a Family Law Civil Bill and the various ancillary documents and serve them on your spouse.
The Bill will include an Affidavit of Means (listing assets, income details, debts and liabilities, pension information, and regular expenditure) and an Affidavit of welfare (containing information on any dependent children, including living and access arrangements and any special education or health needs).
If your spouse wishes to contest the divorce, he or she will file a Defence and Counterclaim.
If we can negotiate a divorce agreement with your spouse or through their solicitor, then we can make application to the Court for a date to rule on the consent divorce. If you cannot negotiate an agreement at any stage of the process, the case will proceed to a full trial.
If a divorce agreement with your spouse can be negotiated, or your spouse does not contest the divorce, it may take up to six months to secure a date to rule on the consent divorce. If your spouse contests the divorce, the process could take significantly longer.
The Bill will include an Affidavit of Means (listing assets, income details, debts and liabilities, pension information, and regular expenditure) and an Affidavit of welfare (containing information on any dependent children, including living and access arrangements and any special education or health needs).
If your spouse wishes to contest the divorce, he or she will file a Defence and Counterclaim.
If we can negotiate a divorce agreement with your spouse or through their solicitor, then we can make application to the Court for a date to rule on the consent divorce. If you cannot negotiate an agreement at any stage of the process, the case will proceed to a full trial.
If a divorce agreement with your spouse can be negotiated, or your spouse does not contest the divorce, it may take up to six months to secure a date to rule on the consent divorce. If your spouse contests the divorce, the process could take significantly longer.
