No. There is no need for a judicial separation first.ultimately do i need to get a separation if the intention is long term to get a divorce?
You have plenty of time as in Ireland you have to be separated for 4 of last 5 years before you can get a divorce. You can get a legal/judicial separation after one year.Separated for almost 3 years - finally (yes i know)
Always a good plan.Do i list all my questions and contact solicitor?
No, you can complete yourselves or search google etc for DIY divorce and use them. However you may need sols in relation to the mortgage and maintenance if you cant agree. Also if either of you have pensions.do i need a solicitor if we can sort all ourselves?
should i start the ball rolling with mortgage if we can come to agreement?
sorry lots of questions, but ex. is quite happy to let it all float along as is....
so - do you therefore have to wait 5 years before you can start divorce proceedings? or do you start after the 4th year? i'm not going to ask him, he still thinks we are going to get back together.....
Could do but you need someone with your best interested at heart. It can be expensive if you both don't come to agreements on the mortgage etc easily. Sols will give you a breakdown of costs day one but only an idea of the final bill amount.also - if going through a solicitor and we had everything sorted and agreed could we use the same solicitor and not pay twice the fees? how much approx would divorce cost or is it dependent on factors? one person told me she got charged €7k for her divorce and taking her ex's name off deeds... i def do not have that sort of money.
Ideally but judge will if you can't agreedoes the mortgage have to be sorted before we can get a divorce?
Maintenance - no, we have a child together, he pays me €40 per week and nothing towards mortgage, insurances life or otherwise or anything to do with the house. i have asked him to up the maintenance but he says he can't afford it, i think he thinks i am spending it all on myself, which couldn't be further from the truth.
I earn more than him - does this have any bearing on spousal maintenance? would i be entitled to this?
in relation to the mortgage he has said he will sign the house over to me without any financial settlement - this was fine 3 years ago, but he made no steps to doing it either. now the house is in negative equity and i don't really want to take over his debt too... what should i do? he thinks that as he doesn't live there anymore that his responsibility to it had ended completely.
another thing - i do have a pension in work - which at the mo would be split 50/50 with him and our daughter - i don't foresee any problem with signing it all over to her.... i assume this is possible?
yep, no harm in doing this to let them know.Do i need to contact the pension company in the meantime?
Yep you can, even without a separation on the cards this is a good idea.in relation to me making a will - can i at the moment sign my policies / pension over to our daughter in case anything happens to be before it is all sorted? bit morbid maybe... but i have to have spinal surgery in sept and just being realistic....
if you agree yourselves then you can use a Commissioners for Oaths to sign the docs instead of sols.does the solicitor have to be involved in the maintenance sworn statement??
. 12 months, payslips and p60.is this if we cannot agree between ourselves. how many months of bank statements do you have to provide? i just feel that he is shirking his responsibilities and getting a bit fed up of it
Not 100 sure on this - might be one to talk to bank oni have made initial contact with the bank in relation to a payment break and starting the separation ball rolling. if i hand the house back - would i ever get a credit rating again to buy (just in case).
Yep you do - they have the deeds so you will need to let them know when you get an offer. Bank wont care who pays the shortfall as long as its paid. You could ask the judge to help on this.do i need the banks permission to sell the house? say owe 165, would prob only get 110, if we agreed to split or apportion the ne would this be possibly agreeable?
everything is up for negotiation.also... in relation to NE would the solicitor take into account that i have paid the mortgage on my own for over 2 yrs and apportion more of the NE to ex? and when we split we had €15k debt - i paid 10 of this and he paid 5.... would this be taken into consideration?
You will need a pension adjustment order... part of divorce and cost more money
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?