We at Hanahoe & Hanahoe understand that the breakdown of a marriage is a very difficult time for our clients and the addition of legal issues makes that all the more challenging. Our Family Law team have the experience and expertise to advise you on both contentious and non- contentions separations. We ensure that we offer our clients clear and unambiguous advice so that their interests are protected.
The manner in which one can go about obtaining a legal separation can be distinguished into two broad categories:
If you and your spouse have mutually agreed upon the terms of your separation through discussion or by way of mediation, we can draw up a contractually binding agreement, known as the Separation Agreement or a Deed of Separation. It is important to note that agreements reached through mediation or mutual discussion are not legally binding, therefore having a solicitor incorporate the agreement into a legally binding contract is vital.
2. Judicial Separation
If you have been unable to mutually agree on the terms of your separation, we at Hanahoe & Hanahoe are equipped to represent your best interest in proceedings. A Judicial separation is where the Court makes an Order declaring that you and your spouse are no longer legally obliged to live together. The Court in this case can then decide upon the terms of your separation, these terms can include custody and access arrangements for any dependent children, Orders relating to the family home, maintenance and any other assets which are held by you.
We do understand that these separation proceedings can be distressing and we assure you that with over 35 years’ experience we have a robust and rounded knowledge of judicial separation process which can help mitigate the emotional distress which can be caused.
Separation Agreements enable married couples to become separated without the necessity of going through the Courts. They are legally binding contracts entered into between parties setting out each party’s rights and obligations to the other. Once both party’s reach an agreement, a legally binding contract is drawn up, known as a Deed of Separation.
Separation Agreements generally provide that/for:
- both parts will live separate and apart.
- the occupation and ownership of the family home.
- arrangements with respect to the custody, access, maintenance and lump sum payments.
- Succession Rights.
- Separation Agreements cannot make Pension Adjustment Orders.
- Once an agreement is reached it can be made a Rule of Court by an application to the Court. Parties cannot obtain a Judicial Separation once they have entered into a formal Deed of Separation, however they are able to obtain a Divorce at a later date, once they meet the criteria.
WHY CHOOSE HANAHOE AND HANAHOE SOLICITORS?
1. We are an award-winning Law Firm (Leinster Law Firm of the Year for 2017 & 2018 at The Irish Law Awards).
2. You can be assured that the case will be dealt with by a specialised Family Law Solicitor.
3. You will always be kept up to date with proceedings.
4. You will receive clear, unambiguous advice, free of legal jargon.
5. We are competitively priced for the service we provide.
6. We attend Family Law Courts all around the Country.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.