legal separation

blueband

Registered User
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101
can anyone tell me what the steps are to getting a legal separation? is it complicated, who do you need to speak to first. thanks for any advice.
 
1. Talk to spouse and agree on terms.

or

1A. Talk to a solicitor and take general advices based on your own circumstances.

A couple who have been, physically, but not legally, separated for 25 years will have very different terms to a young couple with small children and a mortgage.

If the separation has been for four out of the previous five years, consider divorce.

http://www.citizensinformation.ie/e...egal_options_following_marital_breakdown.html

This link will give you more information.

mf
 
is it complicated
Really depends on the specific situation - e.g. how long was the relationship/marriage/civil-partnership, how well do the separating couple get on in spite of the relationship breakdown, are there kids, how complicated is the situation with regard to assets/means etc. etc.

As above there are different options depending on how well the two individuals can get on and negotiate an agreement - e.g. direct negotiations, mediation, collaborative practice (?), negotiation via legal teams, full court hearing...

Ultimately horses for courses. If you can post more details it might help but obviously this may not be possible/advisable in this situation...

http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/
 
thanks all. its simple enough i think, we were married for six years, separated about a year now. we still get on very well togeather, no chrildren or property issues. so im hopeing it should be straight forward.
 
If you've no children and don't own any property there's very little left to worry about in regards to a settlement.

The only other things that might come into play (but unlikely given the short time you were married and assuming you are both working/in good health) would be spousal maintenance or pension settlement.

In your instance I think I would suggest waiting another 3 years and filing for divorce. I don't see you'd have much to gain from a Judicial Separation at this time.
 
thanks for that thirsty, i thought you had to be legally separated before you could go for a divorce proper.
 
Definitely not I went straight for a divorce and was still living in the same house with my husband. Very straightforward if you can agree everything between the two of you. We used the free family mediation service which I found great as we had settled all the issues in relation to division of assets and maintentance and had an agreement drawn up covering these which was then just passed to the solicitor. This of course means that costs are kept to a minimum.
 
what do you need to produce as evidence that you have been living apart for four years when going a divorce?
 
what do you need to produce as evidence that you have been living apart for four years when going a divorce?
Possibly nothing if you (and your legal representatives) both agree on the effective date of separation (which may not mean actually living apart - just the end of normal marital/partnership arrangements). But if you don't agree on this date then that's a different matter and worst case might be the date you both started living in separate locations if applicable.
 
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