Senior Citizens facing Separation with wife refusing Mediation.

[mikethediyman]

Thanks ClubMan € 15K doesn't seem too bad, she prob would qualify for rep by Legal Aid Board as her only income is Contrib State Pension (checked on their online tool ) but my private pension pushes me over limit, have applied anyway. So if it's a " no fault " system what needs to be negotiated by barristers as I'm happy to do a 50/50 on everything incl. Private pension, I would even give her our car, as stated above we both have equal savings, but surely she could not demand apartment in exact location of where we currently live ( to be near her grandkids who live in same town ) there are more affordable ones within 20 min drive.

 

[Flybytheseat]

Mine cost about €13.5K (for my costs only in 2022). As per Clubman everything agreed and documented in signed consent terms by both parties ahead of the court appearance. No barrister required. Additional €1K for actuary fees for pension adjustment orders split between both parties.

 

[mikethediyman]

Thanks Flybytheseat my private pension is no longer a pension but an agreed monthly payout from a few years back. So can her side try to get her a higher than 50% share of house sale proceeds.

 

[Flybytheseat]

They can try of course but no reasonable judge will grant that in my experience. Default position is 50%/50% split of all assets.

 

[ClubMan]

Default position is 50%/50% split of all assets

I keep seeing people saying this but I don't believe that it's necessarily true in general and certainly not in my own case. It all depends on the specific circumstances of the couple in question.

 

[ClubMan]

So if it's a " no fault " system what needs to be negotiated by barristers as I'm happy to do a 50/50 on everything

Yes, but from what you say your wife isn't so that all has to be negotiated - or decided by the judge. "No fault" doesn't really have anything to do with negotiation or court ruling on splitting assets. That all depends on the specifics of the case. My solicitor recommended involving a barrister for court and for the negotiations the few days before so I went with their advice. You should probably be similarly guided by your own solicitor. Maybe they won't see the need for a barrister but I suspect that this would be the exception rather than the norm.