Breaking up is never easy, but it can be especially difficult when you’re married. If you and your spouse have decided to separate or divorce, it’s important to understand the legal process in Ireland, including the option of a separation agreement.

A separation agreement is a contract between two spouses who have decided to separate. It sets out the terms of their separation, including how they will divide their property, how much financial support will be paid, and how the care of any children will be shared. The agreement can be an alternative to going to court to resolve these issues.

If you’re considering a separation agreement, here’s what you need to know:

  1. You don’t have to go to court: One of the benefits of a separation agreement is that it can be negotiated and signed without going to court. This can save you time, money, and stress.
  2. The agreement is legally binding: Once you and your spouse sign a separation agreement, it becomes a legally binding contract. This means that both of you are obligated to follow the terms of the agreement.
  3. Get independent legal advice: It’s important that each spouse seeks independent legal advice before signing a separation agreement. This will help ensure that the agreement is fair and reasonable for both parties.
  4. The agreement doesn’t end the marriage: It’s important to note that a separation agreement does not legally end your marriage. If you want to get a divorce, you’ll need to apply to the courts.
  5. It can be flexible: A separation agreement can be tailored to your specific needs and circumstances. This means that you can agree on the terms that work best for you and your family.
  6. It can be changed: If your circumstances change, such as if your income or living situation changes, you can renegotiate the terms of the separation agreement. This can help ensure that the agreement remains fair and reasonable for both parties.

In summary, a separation agreement can be a helpful way to reach a mutually acceptable arrangement with your spouse when you decide to separate. Just remember to seek independent legal advice, negotiate in good faith, and ensure that the agreement is fair and reasonable for both parties.

The content on this blog is not intended to be a substitute for professional advice, and should not be relied upon as such.

If you need advice about drafting a separation agreement or any other legal matter, please contact me today on  +35316625233 or aidan.duggan@mceneaneytighe.ie

Aidan Duggan