Ending a legal seperation agreement

D

daydreamer

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My wife and I got legally separated back in 2006, but we got back together in 2010. We now want to end the separation agreement that we drew up with out solicitors but I'm not sure how to go about it.

We now want to be jointly assessed and we have been asked to show evidence that no longer want to be classified as separated.

Do we need to contact the solicitors to undo the agreement?

Can we write a letter of intent to dissolve the agreement?

Or can we just shred the document?

Clueless
 
@daydreamer

Was this a 'judicial separation' ?

If it is, then Section 8(2) of the 1989 Act "..the applicant and respondent in the separation proceedings may at any future date consent to apply to the Court to rescind the decree of separation.."

Was it Circuit Court or High Court?

The Revenue matter - they are usually quite helpful on this. You could simply ask them what would be adequate.

You don't actually have to have legal representation - but you will have to do a bit of work.
 
Thanks for getting back to me, It wasn't a judicial separation, it was a legal mutual separation between us. We had it drawn up by our solicitors who acted as witnesses to the document.

I'm going to attempt a letter signed by both of us and see if the revenue accept that along with a copy of the deed of separation.

Fingers crossed.
 
@daydreamer what would put the matter beyond doubt is an affidavit i.e. a sworn statement, but it might be worth calling the Revenue about this.

There is nothing wrong with both sides rescinding a legal agreement.

If you are worried about costs the Citizens Advice or FLAC are two good resources.

I am thinking though that rescission is entirely in your hands and I would not have any
hesitation if Revenue get awkward (which I don't believe they will) of the basis of their objection / concern.
 
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