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What is it?

Separation Agreement is a legal written contract negotiated between the two parties which will set out the future duties and rights of each party to one another. The document is signed by both spouses. This method of separation allows both parties to negotiate their differences out of Court and in an amicable manner. A separation agreement is a legally binding written contract between a husband and wife setting out their future rights and duties. Such an agreement is also known as a Deed of Separation. The agreement will include a number of terms, including:

  • an agreement to live apart and not to disturb or interfere with each other;
  • arrangements about responsibility for, and care of, the dependent children, including,
  • necessary, the level of contact that each spouse will have with the children;
  • the amount of maintenance to be paid for the support of the dependent spouse and children and how and when the maintenance is to be paid;
  • arrangements as to who will own and who will live in the family home;
  • arrangements as to who will own any other property;
  • arrangements as to who will pay any mortgage(s); and
  • arrangements as to succession and inheritance.

This may include an agreement to renounce each others rights to a “legal right share” of the other spouse’s estate upon their death. As trustees of a pension scheme are not obliged to honour a term in a separation agreement that varies pension rights, it is necessary to get a court order in order to secure any pension entitlements when separating. Social welfare pensions are not affected by the terms of a separation agreement.

We Look After Your Case

With Tallans Solicitors (Ashbourne) LLP, you’ll get jargon-free legal advice that you can depend on. Our solicitors are experts in their specific areas of practice, ensuring that you, our client, gets the best possible legal advice and personal attention. Established in 1899, trust Tallans to do the best for you, whatever legal issues you may face. Talk to Tallans today.

How long will it take?

We understand that most people seeking legal advice regarding family law, have liked experienced a difficult time before they reach out and are cautious as to how long the process of resolving these issues may take. For the majority of cases, mediations take place with the goal of reaching lead to an agreement; therefore the duration is mostly governed by the speed of those mediations. At Tallans, we advise that unless an agreement is distinctly achievable within the first few months, that proceedings are suitable as the court timetable then becomes a factor in the resolution time. As an example, in financial proceedings following divorce, the initial court appointment is marked for 3 months after the issue of proceedings with the court. If an agreement is not reached before that meeting and/or terms are not agreed at court at the appointment, then a further date would be set by the court for roughly 3 months later and so on.

How can we help?

We will consider the options and help you make an informed decision as to whether a divorce is appropriate for you and if so, when it would be in your interests to start the process.

  • We are issue focused and will look to achieve practical, and cost-effective solutions for your divorce proceedings.
  • We will signpost you to a network of third party support to assist you through the process of your divorce.
  • In the unhappy event of you considering a divorce we will address the following:
    • How to minimise the emotional and financial cost of your divorce
    • Alternatives to a divorce; there may be other suitable options
    • Issues involving your children, for example, where they live and the time they spend with each of you;
    • Financial issues arising from your separation and possible divorce;
    • The options for resolving issues e.g. mediation

Talk To Tallans Today

We use our expert knowledge and 130 year’s experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Brenda Rushe
Brenda Rushe
Partner
Sheila Cooney
Sheila Cooney
Partner

Why Choose Tallans?

At Tallans Solicitors (Ashbourne) LLP, we have substantial experience in all aspects of family law. Over the years we have helped hundreds of our clients to resolve difficult situations affecting their families. Our highly skilled solicitors, specialists in the area of family law, have built up a large and successful reputation in this area. – Act with understanding and empathy – Ensure the highest level of confidentially – Seek the most amicable arrangement – Aim to resolve the matter outside of the courts.

About Tallans Solicitors (Ashbourne) LLP

We draw on more than 130 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9 am to 5.30 pm on 01 835 2027 (Ashbourne) or you can fill out our contact form and we’ll call you back.

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