Bringing a legal end to a marriage, whether through Divorce or Separation, can be a stressful and expensive process. You may be facing a personal crisis with long term legal and financial implications. It is very hard to speak to someone who will listen and who also know what are your legal rights and remedies. However, an experienced Judicial Separation solicitor, offering the right legal advice, can help you to achieve a strong settlement and to manage a successful outcome.
Judicial Separation is a legally binding settlement or court order where married spouses separate and choose to live apart. A Judicial Separation should provide a long-term permanent solution to matters such as:
- Child custody
- Child access
- Child maintenance
- Spousal maintenance
- Property settlement
- Pensions
- Succession rights
- Debts, loans and mortgages
Do I Need A Judicial Separation Or A Divorce?
The answer depends on your own personal circumstances. The simplest way of explaining the difference between Judicial Separation and Divorce is that you can get a Judicial Separation after living apart for 12 months but you can only get a Divorce after living apart for two years. Also a Judicial Separation does not entitle you to re-marry her as a Divorce Order does.
A marriage Separation can be mean a couple who have broken up and who have entered into a Separation Agreement without any Court order. A legal Separation usually describes a couple who have formalised the break up with a Separation agreement, Judicial Separation or Divorce.
How Do I Get A Judicial Separation?
- Choose a Solicitor
- Meet your Solicitor
- Prepare a statement of your assets and liabilities
- Instruct your Solicitor to serve court proceedings
- Have your solicitor file the Civil Bill, Affidavit of Means, Affidavit of Welfare and all other necessary papers
- Apply for a hearing date
Judicial Separation Settlement
A Judicial Separation, under Irish Family Law, must be obtained in either the Circuit Court or High Court (usually the Circuit Court). An amicable agreement may be reached before court between parties in which case the settlement is presented to court for approval and a court order in the terms of the Judicial Separation settlement usually follows such approval. It is very important to have legal advice when preparing a Judicial Separation settlement.
Judicial Separation Hearing
If a Judicial Separation settlement cannot be reached amicably then the matters in dispute in the Judicial Separation case must be heard before a judge and the judge will decide. As Judicial Separation solicitors, we at Johnson and company solicitors, Cork are very experienced in providing legal advice in Judicial Separation settlements and applications.
