Separation/Divorce... when mediation fails

If you move out, the game changes, then you are into access territory. or likewise if she moves out and takes the children with her. We have seen it first hand with a stepchild. a crying lying mother gains alot of ground with judges....sadly.
 
Is that actually true?
Yes

Edit to add: applying for divorce post JS can be an opportunity to reopen settlement terms. When divorce legislation was first passed in 1997; it wasn't unusual for that to happen.

Having said that in recent years, in general, JS terms are upheld in Divorce applications unless there is material evidence that assets or other information was withheld.

In terms of the actual difference between a JS and divorce the only additional thing you get is the right to re-marry.
 
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I second Thirsty's suggestion, if you don't already have a counsellor get one! I would strongly argue its the best investment you can make right now even if you feel you don't have the money.

Like others on this thread, I've been through the system and I will tell you that whatever ideal solution you have in your head right now - you will not get it. And that's not because the courts wont give it to you - but more that's the way life is. There are so many different things that could happen over the years it will take for your kids to become adults that can impact on how this will play out.

I feel your pain and stress, I've been there as well and went the whole way to a hearing in court finally getting close to what I had offered in mediation years and thousands of euros earlier. I really thought in the middle of it all I would never be done. Everything that could be thrown at me was. But what got me through was having a great counsellor and sensible friends who kept me grounded. And hardest of all, taking the high road - not bloody easy when you feel you're losing your mind and your kids.

Now two years later, I'm in a much better place and in my own home but its not all rosy. I'm still working on supporting my kids through the after effects of the upheaval they've been through.

Regarding access, in reality both parents need to seek access, you are both legal guardians but there is no automatic assumption as to who has access, that's one of the things you either agree or a Judge decides. Given my kids are now teenagers that involves a lot of counting to 100 (sometimes 1000) and not pulling out the access agreement every time they decide they want to stay in their other house. At different stages one of my kids has been away from my house for extended periods of time (I'm talking months of no real face to face contact), but by "rising above it" and keeping the door open they have come back with a new outlook regarding their cool best mate parent vs the rule setting parent they "escaped".

This will probably be the hardest thing you go through, so again get that counsellor, but you will get through it.

On the money side - again I was probably in a similar position to you. I initially took out a loan to cover my legal costs which ultimately got wrapped into my new mortgage - not the must cost efficient way to manage but its what worked for me. (I can imagine the askaboutmoney comments on that one and please no one tell me how much that is ultimately going to cost me - I know and its worth it!)