What would i be entitled to when we get legally seperated

[Marlen]

I am in process of looking for a legal seperation of which i have to wait 18 months for... as family law hearings in court are so backed up at the moment as not enough judges to hear the cases!!! what i want to know is i live in the family home i pay half the mortgage, all bills and receive maintenance for my 2 dependants and myself...i work on a part time basis, would i be entitled to more that 50% of the house as im rearing the children in the family home im living alone...i want to buy him out he is renting and living with new partner and her 3 dependants but he refuses and wants to buy me out when youngest child reaches 18 and expects me and children to move out and he move back in and to buy me out!!!!! there was a seperation agreement signed under duress several years ago to this effect but it wasnt heard in court, so i have been advised this should not stand in court at the legal seperation hearing. Has anyone in a similar stuation have any advise to give me????

 

[ACA]

I am open to correction but, I thought that since divorce came in, legal seperation wasn't really worth the paper it's written on. Seems like he's decided to make a new life for himself - a divorce would enable you to do the same. The family assets would be divided at that time and since the children would be living with you, I would have thought that you'd be entitled to more of the house as some of it would be regarded as the childrens share.

 

[Marlen]

Well a legal seperation is a route that can be taken as long as each party agrees to give up all rights to each others future income, inheritance etc etc, that is if a settlement is agreed upon at that time before the courts all issues have to be taken into account, i.e maintenance, age of persons seperating...age of children.....all assets....health as the courts need to be satisfied that each person can work and can earn an income. However, a mother can actually go back to court at a later stage if her ex husband wealth has increased considerably i.e he won the lotto, she can claim on behalf of the children if she has custody of children, naturally it can work the other way around if that is the reverse situation. That would only briefly summarise it as there is an awful lot more to take into consideration. I would hope that it would be the case that i would be entitled to a greater share as i do have to make sure we have a roof over our heads and security for us all, he has the potential to earn more money than i. Once a legal seperation has been heard and dealt with and all issues ironed out thru the courts, a person can actually then get a quickie divorce for about €600.00......a solicitor actually mentioned this it is perfectly accepted. The reason the legal bills are so high is that if an agreement is not settled and alot of wrangling goes on, usually solicitors and a barristers service is requested for circuit court, not to mention the appeals and the letters going back and forward......thousands....its crazy but it will never change.