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SEPARATION A separation agreement can be drawn up to encompass the terms agreed between you, however this is merely a contract between the parties and is not in all circumstances binding upon the Court. Further one cannot rely on the powers of the Court to force the other party to disclose information which may assist to negotiate the terms of agreement. It requires both parties to voluntarily co-operate in the procedure. In most cases, a Court will usually adopt the terms of a separation agreement reached between the parties in any future divorce proceedings, unless there are exceptional circumstances which would warrant a reinvestigation of the situation. DIVORCE There is only one ground for obtaining a divorce and this is "that the marriage has irretrievably broken down". However you must support this statement by evidence of one of five facts: 1. Adultery
- your spouse has committed adultery and you find it intolerable
to live with them. THE PROCEDURE This document contains basic information regarding names and addresses of the parties, details concerning the children and the statement upon which you rely to prove that the marriage has "irretrievably broken down". 2. The Petition refers to various requests headed "Prayers" asking for (a) the dissolution of the marriage; (b) addressing the question of costs; and (c) dealing with the financial provisions for both yourself and the children. 3. If there are any children under 16 or under 18 but still in full time education, a "statement of arrangements" needs to be prepared. This sets out arrangements that have been made for the continuing care and financing of the children. Parties should try and agree arrangements for the children between themselves, but this is not always possible, and there is recourse to the Courts in such circumstances. 4. Often sorting out the financial issues can take time. If matters cannot be agreed by means of negotiation an application for ancillary relief needs to be made to the Court. This can be made at any time during the divorce procedure and is usually achieved within its duration. However, even if a decree absolute has been granted finally dissolving your marriage, financial claims still remain open until they have been dealt with by the Court, or by agreement. If, however, you remarry before making an application to the Court for financial claims within your earlier divorce proceedings, you will be prevented by the "remarriage bar" from so doing. The Court may be asked to make a final decision in respect of maintenance, capital, assets or adjusting the way in which the property is held. Once all this information is amassed, the matter is either dealt with by means of negotiation between the parties and/or their solicitors, or by means of a final contested hearing before a Judge in Court. COSTS In other circumstances there will be a Court fee for filing the Petition and to obtain a decree absolute to finally dissolve your marriage. These are the disbursements, however further costs will be involved in preparing the necessary paperwork and representing you in the proceedings. Those who are unemployed or in receipt of some form of State benefits may be eligible for Legal Aid. The rules with regard to eligibility are complex however we will advise you upon this as appropriate. A Legal Aid Certificate may further be available to some parties to cover representation at Court regarding child based or financial issues. For advice and
information on family law matters, contact our Family Department
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