Hugh Condron - Family Law Consultant

  What is a Separation Agreement and is it legal? Separation Agreements are typically used when a couple decides to live apart but are not yet ready to pursue a full divorce. The agreement can address financial, custodial, and other practical matters to help ensure an amicable separation process. Despite what some people might say, Separation Agreements are legally binding. It is important to note that a Separation Agreement does not dissolve your marriage, that can only be done through the court by way of Divorce. Separation Agreements are not orders made by the court, which means they can potentially be challenged or changed later on. To make sure that a Separation Agreement is taken seriously by a court, it's important to have the agreement drafted or reviewed by someone with experience in this area. The agreement should be voluntarily entered into by parties, with each having received legal advice beforehand. Full disclosure of finances from both parties is also essential, and ...

  What are Section 32, Section 47 & Section 20 reports? It is important to understand the background to the 32 & 47 reports. Following a 2012 referendum a change was made to the Irish Constitution, making it a requirement (where a child was old and mature enough) for the “voice of the child” to be heard by the court in proceedings that would affect them. The Court must take their views into account, while always focusing on the best interest of the child. It is worth noting that the best interest of the child may not always be the same thing as what the child wants, but the child’s view will be heard. Article 42A, inserted into the Irish Constitution, strengthens the position of children in legal proceedings, and gives them rights of their own, including in Family Law cases. It says that, The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights. The Children ...

  When your marriage comes to an end, you have a number of options available to you.      A  Separation Agreement  is where both spouses or partners agree on how they will live separately into the future. It is an out-of-court agreement which means it is not set out by a judge therefore no orders are made. Fundamentally it is just a statement of each others intentions. A Separation Agreement does not dissolve the marriage and can not deal with pensions. A Separation Agreement is a legally binding contract. Any breach of the agreement can be dealt with through the Court as a breach of contract, it is not a Family Law matter. Where both spouses cannot agree and want a judge to make a decision about their affairs, they can apply for a  Judicial Separation. This can also be achieved when there is agreement between the two parties. A Judicial Separation is a Family Law matter and the court will make orders determining how both spouses wi...

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