A Separation Agreement helps ex partners deal with life after Separation. The purpose is to set down some basic guidelines and rules for how they will live and deal with each other in the future.
A basic Separation Agreement will acknowledge and accept that the marriage has broken down, and that the parties will no longer live together. The most important thing the Agreement will do, where there are children, is agree where the children live and how and when they will move between their parents so that the children can enjoy the best possible relationship with both parents. The Agreement will also agree the division of family property and assets, and financial support of all dependents, including dependent children. This is generally known as “Maintenance”.
A separation agreement when concluded is a binding contract, which either party may seek to enforce if the other breaks any part of it. There are a number of choices available if you want to resolve matters by Agreement, but the key factor in any of these methods is that by choosing to agree the terms of your separation, you are retaining control.
In the event that agreement cannot be reached, then there is really no other option but Court. In entering a Court room, control passes from the individuals in the marriage to a Judge of the Court, who will hear and determine the issues based on the presentation of evidence to him or her on the day alone.
Research shows that by coming to agreement, better communication can be established and maintained between separating partners, which is essential for future joint parenting.
There are many good ways to help you and your former partner to reach agreement: particularly Mediation and Collaborative Law. These methods allow couples to reach agreement in an amicable, reasonable and creative way, without going to Court.
If you need advice or support on any of the issues raised above, please call Alan Finnerty on 01 637 6200. Or you can email him at alan.finnerty@orpenfranks.ie
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
