Separation Agreements

 

There are three different ways getting a separation:

- Mediated agreement

- Separation Agreement

- Judicial separation

 

Mediated Agreement

The mediation process offered free by the Family Mediation Service (which is not a legal service) assists separating couples with resolving disputes in relation to children, financial support and other issues. With the help of a mediator they will try to reach agreement on how they will manage these when they separate. This agreement can then form the basis for a legal separation.

 

Separation Agreement/Deed of Separation

A Deed of Separation is a legal written contract that has been negotiated between the two spouses which sets out their future rights and duties to each other. The document is signed by both spouses and witnessed once both parties have agreed to all the terms.

 

Judicial Separation

A Judicial separation can be granted by court where the spouses fail to agree the terms of a Separation Agreement. However there are grounds under which at least one must apply:

 

• One spouse to have committed adultery
  
  
• One spouse to have behaved in such a way that it would be unreasonable to expect the other spouse to continue to live together
  
  
• One spouse to have deserted the other for at least one year at the time of the application for a separation
  
  
• The spouses have lived apart from one another for one year up to the time of the application for separation, and both spouses agree to the separation decree being granted
  
  
• The spouses have lived apart from one another for at least three years up to the time of application for a separation (whether or not the spouses agree to the separation)
  
  
• The court considers that a normal marital relationship has not existed between the spouses for at least one year before the date of application for a separation

 

A Judicial Separation will only be granted when an order outlining the arrangements for the welfare of dependant children has been made. All Judicial Separations are heard by the Circuit or High Court and are held in private (as are all family law cases).