in this video I want to take a look at separation agreements in Irish law this
is going to be an overview of separation agreements it's going to look at the
ascensions and it is an unfortunate reality that in Irish life nowadays
relationships do break down marriages break down and accordingly there is a
need from time to time for a separation agreement so let's take a look what's
involved why would you use a separation agreement there's a number of reasons
one you can negotiate matters with the other party so you might have the
benefit of a mediator you might have the maturity to do it yourself or you may
need the benefit of a solicitor who will negotiate on your behalf with the other
party's solicitor this is probably the best route to take because quite often
emotions can run fairly high and sometimes it's better just to have a
third party intervening as well and negotiating on behalf of each party
second reason why you might use a separation agreement is you want to stay
out of court until it's absolutely necessary and in any event you're
obviously gonna have to wait for two years for a divorce if that's your
intended roof and clearly there's a need to regulate Affairs in the meantime
affairs of property of perhaps maintenance of custody of access if
there's children involved and so on there could be quite a lot of other
issues to be dealt with as well but the bottom line is you need some sort of a
regulation or some sort of agreement between the parties where it breaks down
before the relationship is finally terminators if it's terminated by
divorce perhaps separation agreement can lead to people coming back together
again but certainly in the first instance it would be the norm that the
relationship will end she eventually end in a divorce and the parties will move
on perhaps relationships fourth reason why you
might consider a separation agreement is that you and the other party you've more
control over how things will be carried on between you and obviously that's
something does you get an opportunity to feed into whereas if you go to court
under the dispute about access remains and it's our custody then obviously
you're gonna have a decision imposed upon you by a judge who has to hear the
conflict the conflicting arguments conflicting stories perhaps and then
make a decision and the decision that may not please either party so it gives
you control over how things will be carried on between you and the other
party parties can also use a mediator to help arrive at a fair agreement so there
is a mediation service that you can avail of a free mediation service you
could also go to a private the mediator and he or she can help the parties to
come together go through the issues and arrive at a fair agreement that fair
agreement then could form basically a separation agreement which will then be
signed off on as it were by solicitors for both parties in other words each
party would then get advised and they'll be advised as to whether this is a good
deal bad deal fair deal or whatever and then sell off owners I'll have to be
signed and sealed as in her it'll be a private contract between the parties the
types of thing that you would deal with in a separation agreement would include
an agreement to live apart so one of the parties will move out of the family home
if there is a family home and the parties will live apart it'll be a non
molestation clause that's essentially that each party will leave the other
party alone issues of custody and guardianship will arise if there's minor
children property obviously is a big factor if there's a family home and
perhaps the mortgage maintenance is a factor as well to depend obviously on
the parties and what way they are working and so on and clearly the party
generally the mom is retaining coastally there to take care and control of the
children in those circumstances maintenance has to be provided obviously
for the children and the for the mum that's a legal obligation
taxation needs to be agreed there's different methods of taxation different
ways of being taxed and obviously that's something that could be agreed in a
separation agreement clearly it makes sense to have the most tax efficient
method possible for both parties succession act rights then the
succession Act 1965 that makes provision for spouses on the death of the other
spouse you're going to give up their succession act rights as per the
succession Act 1965 and you'll be signing off on that in the separation
agreement there will also be an indemnity in relation to future debts in
other words each party will identify the other party in respect of future debts
that might be occurred after the separation it's worth noting that a
separation agreement is a contract a private contract between the parties it
is enforceable as a conflict divorce can be obtained after entering a separation
agreement however if traditional separation is your ultimate goal it
cannot be obtained after a separation agreement because you can't have both a
separation agreement on a unison separation so the normal course the
normal procedure would be separation agreement and eventually a divorce when
it comes to divorce then courts must have regard to the contents of the
separation agreement courts must also however ensure proper provision between
the parties when granting a divorce the Supreme Court decision in G V G is very
significant in this case or in this whole area there's clearly a conflict
between on the one hand what might be in a separation agreement as agreed between
the parties and on the other hand a Georgia's obligation to make proper
provision between the parties when granting a divorce the Supreme Court
case then a deed of separation should be given significant ways when it comes to
making provision for the parties at a later divorce hearing especially when
the deed of separation contains a full and final settlement clause that's
important Supreme Court says the DB separation should be given significant
ways exceptional circumstances would be
needed for a court to upset the separation agreement freely entered into
for example substantial change such as illness of one of the parties this gvg
case essentially is a second bite of the cherry case it's an important one from a
family law perspective essentially parties would be entitled in the normal
course to a second bite of the cherry because there's no full and final clean
break situation in Irish law however and that's after a separation agreement
however this case is Authority for the proposition that significant ways should
be given to the separation agreement between the parties and exceptional
circumstances will be required if the separation agreement was going to be set
to one side and different terms imposed in terms of a redistribution of wealth
or property between the parties a clean break the court has recognized is a
legitimate aspiration in areas law but it's not a guaranteed right and proper
food provision may see a change in circumstances being reflected in the
final divorce ruling provisions but it would be in exceptional circumstances
inherited assets according to the gvg case should not be seen as assets
obtained by both parties in the marriage that's inherited assets after the
separation second bite of the cherry cases have become more difficult in
other words this gvg case certainly has given greater emphasis and a greater
importance on a separation agreement entered into into between the parties
prior to last all bets were off insofar as proper provisions still had to be
made and assembly came along then at a divorce situation I went to have a
second bite of the cherry then there was nothing actually stopping her from doing
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