Marriage breakdown...how to handle the property

Re: Marraige breakdown...how to handle the property

You can sign away your legal right share means you can sign your automatic inheritance rights away as a spouse. But it is true that you can go back for more maintenance if circumstances have changed. This may result in a spouse having to sell an asset (house/property) to pay for this. In that sense there is no clean break provision in Irish law. Errant spouses do not come into it. Courts are not looking at who to blame but on who needs to be maintained.

Chrisboy, a court may order the spouse (wife in this case) to pay the husband if they do go to court if they think the children/husband need to be maintained. The law is equal in relation to it's treatment of men/women in relation to financials. Let's not go down the custody argument. For most people it would be less costly and more amicable if they could be realistic in their demands and could come to an agreement themselves. Unfortunately it seldom happens.
 
My understanding of Irish family law is that even tho the father of children may have the children live with him 50% or almost 50% of the time, he still must pay maintenance if his income is higher. Your brother should not agree anything to do with the property until an agreement has also been reached on periodic maintenance.
 
TomOB ....you're over a year and a half late replying to the thread ... I hope OP's brother has sorted himself by now!
 
Back
Top