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Separation Agreement

What Is a Separation Agreement?

A separation agreement is an agreement whereby both parties agree to separate from each other.

This is a legally binding contract which sets out the terms on which you will live apart after your marriage has broken down. It will specify how you will divide marital assets such as the family home and any other property. It may also provide for custody, access, and maintenance if your children are under 18 (or 23 if in full-time education). If you are dependent on your spouse and have not worked during the marriage, you may also be entitled to financial support after the marriage has broken down. It is important to note that a separation agreement is not suitable to deal with issues such as pensions and succession rights.

The essence of a separation agreement is that it is an agreement and both parties must consent to the terms of the agreement. It can also form the basis of a final divorce settlement.

The terms of the agreement are usually reached either through mediation or negotiation through solicitors.

Why Do I Need A Separation Agreement?

When a married couple decide to separate in Ireland, they must wait 2 years before they can begin divorce proceedings.

Berwick Solicitors have an extensive and experienced family law team to advise you in all areas of family law. We advise you of the potential implications of seeking a divorce in providing objective and sensitive legal advice tailored to your individual circumstance.


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Berwick Solicitors are specialists in separation agreement law in Ireland.