Establishing means for separation

Susie2017

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A friend is commencing separation from her husband. He has said he will not cooperate with providing an affidavit of his means. He has a limited company and a salary of around 35 k a year even though he could pay himself more. There is around 500k profit in his company accumulating by around 100 k per annum. She is unclear about his other assets as he has always been extremely secretive about financial matters. How does she find out about his savings, other assets etc. Does the judge have to summon him to court ? She knows mediation would be pointless as he wouldn't turn up. Any advice on how to get him to engage. He is in complete denial and thinks it will all blow over.
 
She needs to start legal proceedings for a Judicial Separation.

The court will eventually issue the necessary orders.

In 'normal' times this process could take between 18 months - 2 years.

The backlog created by COVID restrictions might easily add another year, from what I am hearing.
 
She can easily get a copy of his company accounts from the cro website. They are publicly available.
That's only part of the picture however; each person needs to complete an affidavit of means, which covers more.

In any event, if either party isn't responding to requests for information, the only way to push on is to start proceedings.
 
That’s dreadful. The last thing she needs is a delay. He says he has no assets she is not aware of. He doesn’t want to go to court and is effectively saying he had no savings prior to setting up his company or getting married - totally untrue. He may have put money in siblings names and it could be difficult to prove. What can the courts do ? What are the orders they will issue ? Perhaps she is better off just to draw up an agreement and they sign it. He has offered to continue paying childcare and toward mortgage. She has her own income and the mortgage should be paid off in 5 years. Just get him to acknowledge she will have the house he should agree to this as she has paid 90% of the payments. Is there a standard draft of an agreement they could mull over ?
 
That’s dreadful.
Most people don't realise how unfit for purpose our family law is until they come up against it.


The last thing she needs is a delay.
Nothing she can do about it.

He says he has no assets she is not aware of. He doesn’t want to go to court
That's not his choice to make

and is effectively saying he had no savings prior to setting up his company or getting married - totally untrue.
Not really relevant here.

He may have put money in siblings names and it could be difficult to prove. What can the courts do ? What are the orders they will issue ?
Courts can and do require documents to be turned over.

Perhaps she is better off just to draw up an agreement and they sign it.
It has little legal validity; don't bother.

He has offered to continue paying childcare and toward mortgage.
Child maintenance is based on both parents income and expenditure. He doesn't get to choose which bits he wants to pay.


She has her own income and the mortgage should be paid off in 5 years. Just get him to acknowledge she will have the house he should agree to this as she has paid 90% of the payments.
That could be part of the settlement terms.

Is there a standard draft of an agreement they could mull over ?
No.

So here's my advice.

Agree an amount for child maintenance for now; more importantly agree on when and what time children will spend with their father.

Start JS proceedings and that will include her requirements for full child maintenance / property settlement / pension adjustment etc.
 
Thank you for advice. I will pass it on. But waiting for years for this to be sorted will not go down well. I am surprised there is not a draft of a separation agreement out there that they could work on. She doesn't want to spend a huge amount legally. He will hide what he can and get away with it. She is resigned to this fact and just wants to mentally move on from the marriage.
 
She doesn't want to spend a huge amount legally.
If one party doesn't want to engage of strings things along it can get very expensive for both so she may not have a choice in the matter.
He will hide what he can and get away with it.
That's unlikely.
She is resigned to this fact and just wants to mentally move on from the marriage.
That won't happen until there is a binding legal agreement in place and probably won't happen until the children are grown up and out of fulltime education.
 
I take all your points on board. You say its unlikely he will hide anything. Why are you so confident. Do courts forensically examine bank statements going back 20 years or more ?
 
I take all your points on board. You say its unlikely he will hide anything. Why are you so confident. Do courts forensically examine bank statements going back 20 years or more ?
I'm saying that it is unlikely that he will get away with it if he is.
There is no full and final settlement in divorces in Ireland so if he suddenly buys a Porcha or a mansion you can have another crack at him through the courts. If it can be shown that he lied in a sworn affidavit he's be in some very hot water with the judge.
 
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