Correct and this even extends to a common law partner (ie you don't need to be married).Under Irish law all assets are considered by the court in deciding on settlements.
Owning property before marriage does not remove it from the table during divorce.
Update spoke with solicitor who said there is valid case that the shares are not part of settlement, then i informed solicitor that ex is due inheritance of similar amount in next few months. His Advice would be if she looks for 50% of shares then you look for 50% of her inheritance. We are not legally separated. Not living together for over 3 years.Correct and this even extends to a common law partner (ie you don't need to be married).
Thks for update.Update spoke with solicitor who said there is valid case that the shares are not part of settlement, then i informed solicitor that ex is due inheritance of similar amount in next few months. His Advice would be if she looks for 50% of shares then you look for 50% of her inheritance. We are not legally separated. Not living together for over 3 years.
Because they were acquired pre marriage? This seems to be at odds with what Thirsty and Horseman are saying. Is there any legal precedent or law that the solicitor can reference?there is valid case that the shares are not part of settlement,
I was bowing to the solicitors opinion (as I am not a solicitor I am an accountant). I did discuss this situation with my solicitor years ago and he advised that all assets were available for splitting even those acquired pre marriage/living together.Because they were acquired pre marriage? This seems to be at odds with what Thirsty and Horseman are saying. Is there any legal precedent or law that the solicitor can reference?
I would be happy to go with 50% as long as her inheritance is included along with my shares. Which as it stands is similar amount. Otherwise if she took 50% of my shares and kept 100% of her inheritance, she would walk away with 120K more than me which seems not very fair. Solicitor said courts like both to be leaving with same amount or close to.I was bowing to the solicitors opinion (as I am not a solicitor I am an accountant). I did discuss this situation with my solicitor years ago and he advised that all assets were available for splitting even those acquired pre marriage/living together.
I would be surprised if the assets are excluded but obviously would stand to be corrected.
None of this stuff is "fair"; particularly if you have children.seems not very fair
Children are college going ages. Best is to agree and then proceed , otherwise let the Judge decide.None of this stuff is "fair"; particularly if you have children.
If you don't, be grateful for small mercies.
Bottom line is this, you either agree the settlement terms between you or you ask a judge to do it.