Free Separation Agreement - Ireland

Free Separation Agreement - Ireland

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Separation Agreement - Ireland

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Separation Agreement - Ireland

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Frequently Asked Questions
What is a Separation Agreement?A Separation Agreement is a legally binding contract setting out each party's rights and obligations to the other. If agreement can be reached reasonably quickly between the parties and a Separation Agreement is drawn up, it is cheaper and less stressful than going through a court case. Many couples formalise their separation in this way.

The main issues dealt with in a Separation Agreement are as follows:
  • An agreement to live apart
  • Agreed arrangements in relation to custody and access to children
  • The occupation and ownership of the family/shared home and any other property
  • Maintenance and any lump sum payments
  • Indemnity from the debts of the other spouse/civil partner
  • Property division
Who should use this Separation Agreement?This Separation Agreement is intended for married spouses or civil partners who can agree on the terms of their separation and accept such a settlement. The essence of a Separation Agreement is that it is an agreement. Both parties must consent to the terms of the agreement.Will my Separation Agreement be legally enforceable?When the document has been drawn up and signed by both parties it becomes a legally binding written contract. It is also called a Deed of Separation. It is an alternative to a judicial separation.

A Separation Agreement can later be made into a rule of court by application to the courts if you need to enforce under specific legislation.


Your Separation Agreement

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SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT (the "Agreement") dated this _____ of  _____________, _______.  

BETWEEN:

__________
of __________, __________
County , Ireland

OF THE FIRST PART

-and-

__________
of __________, __________
County , Ireland

OF THE SECOND PART

BACKGROUND:

  1. __________ and __________ (individually the "Party" and collectively the "Parties") were lawfully married on 24 July 2021 at __________, County , Ireland. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
  2. The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
  3. The terms of this Agreement are intended to settle the matters addressed below and may be incorporated into a final decree of divorce, except to the extent that specific matters are amended or addressed in a subsequent separation agreement.
  4. The Parties have each consulted a solicitor and have had the benefit of separate and independent legal advice with regards to his or her legal rights arising out of the marital relationship and the terms of this Agreement.
  5. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both of the Parties confirm that they have the capacity to enter into this Agreement.
  6. The Parties confirm that the terms of settlement agreement are fair and reasonable as at the date of execution of the Agreement.


IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

  1. LIVING SEPARATELY
  2. The Parties will, from the date of execution of this Agreement, live separate and apart from each other, as fully and completely as though they had never been married. Neither Party will attend the other's home or work without invitation or approval.
  3. CHILDREN
  4. There are no children of the marriage. Furthermore, neither party is pregnant and the Parties have not adopted any children.
  5. SPOUSAL MAINTENANCE
  6. Neither Party claims entitlement to spousal maintenance at this time. Both Parties waive any claim to spousal maintenance during the separation, regardless of the length of the period of separation.
  7. INCOME
  8. Total annual employment income for __________ is: €0.00. __________ has no other source of income.
  9. Total annual employment income for __________ is €0.00. __________ has no other source of income.
  10. DIVISION OF PROPERTY
  11. The Parties acknowledge that they have agreed upon a division of all property, owned or possessed by them as family property or separate property. The Parties are in possession of all of those properties to which he or she is respectively entitled. Accordingly, neither makes any claim to any property or properties in the possession of the other.
  12. DEBTS
  13. The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property. This section does not apply to any debts or mortgage relating to the Family Home.
  14. Neither Party will incur any further debt or liability on the other Party's credit. Any debt accumulated after the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
  15. SUCCESSION RIGHTS
  16. Upon the death of __________, __________ waives, releases, discharges, quitclaims and renounces every and all rights, whether at common law, in equity, or by statute, or any testamentary writing or will, to share in the estate of __________
  17. Upon the death of __________, __________ waives, releases, discharges, quitclaims and renounces every and all rights, whether at common law, in equity, or by statute, or any testamentary writing or will, to share in the estate of __________
  18. GENERAL PROVISIONS
  19. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
  20. This Agreement contains the entire agreement between the Parties about their relationship with each other. Except as provided elsewhere in this Agreement, this Agreement replaces any earlier written or oral agreement between the Parties.
  21. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such finding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise removed only to the extent required for purposes of validity and enforcement in the jurisdiction of such finding.
  22. The Parties may only amend this Agreement in writing after both Parties have obtained separate and independent legal advice on the changes.
  23. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
  24. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  25. The Parties agree to provide and execute such further documentation as may be reasonably required in the future in order to continue to give full force and effect to the terms of this Agreement.
  26. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  27. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Parties, their respective heirs, executors, administrators, and assignees.
  28. The terms of this Agreement will remain in effect until:
    1. the Parties terminate this Agreement in writing and validly execute the termination; or
    2. the Parties resume marital relations for a period of 90 days or more.
  29. The law of Ireland will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.

SIGNED
before me in _________________________, this ________ day of ________________, ________


____________________________________
Practising Solicitor / Commissioner for Oaths
Name: __________________
Address: ______________________

   


_____________________________
__________

     

SIGNED
before me in _________________________, this ________ day of ________________, ________


____________________________________
Practising Solicitor / Commissioner for Oaths
Name: __________________
Address: ______________________

   


_____________________________
__________

     

Separation Agreement Information

What is a Separation Agreement?

A Separation Agreement, also known as a deed of separation, is a legally binding contract that spouses use to divide assets and outline obligations when separating or preparing for divorce. In order to enter into a Separation Agreement, both spouses must agree and consent to the terms of their separation.

In Ireland, creating a Separation Agreement on your own is an alternative to a judicial separation, which a court administers.

Generally, the terms of a Separation Agreement outline how spouses will manage their assets, debts, and children during the separation. By using a Separation Agreement template, spouses can formalise their separation and protect each of their interests.

When should I use a Separation Agreement?

Use a Separation Agreement if you and your spouse agree on the terms of your separation and want to avoid litigation. In Ireland, creating a Separation Agreement without the involvement of a court is often cheaper and less intense.

If you can’t agree on the terms of a separation, you and your spouse may have to apply for a judicial separation in court. In a judicial separation, a court decides on the division of assets and responsibilities without actually terminating the marriage.

If you and your spouse don’t initially agree on the terms of your separation, you can pursue mediation to reach an agreement. In Ireland, the Legal Aid Board provides a free Family Mediation Service to help couples negotiate their Separation Agreement. Once you reach a consensus, use LawDepot’s Separation Agreement template to formalise your agreement.

How do I draw up a Separation Agreement?

Generally, a Separation Agreement includes information regarding:

  • Child custody and access: Specify if one spouse will have sole custody or if both spouses will share joint custody. If one parent will have sole custody, describe the other parent’s access with the child/children.
  • Child maintenance: If the child or children live primarily with one parent, outline the details of the child maintenance payments that the other parent will provide.
  • Spousal maintenance: Specify if either spouse will receive spousal maintenance payments once separated. If so, outline the amount and schedule.
  • Possession of the family home: Decide if one spouse will hold temporary possession of the family home. Alternatively, both spouses may agree to transfer the property title to only one of them or sell the house and divide the proceeds. Some spouses may continue to both live in the family home despite separating.
  • Income: Outline both spouses’ employment and non-employment income.
  • Property distribution: List the property items that either spouse will retain and the common property that will be sold for cash and divided.
  • Division of debts: List the debts that each party will be solely responsible for, such as credit card debts, car loans, and personal loans.
  • Additional clauses: Decide if both spouses will waive their right to each other’s estate. In addition, include a non-interference clause which states that each spouse agrees not to harass or intimidate the other spouse at their respective residence, place of employment, or any other place.

To compile all of this information into one simple document, use our Separation Agreement template.

Can spouses live in the same house and still be separated?

Yes, spouses can separate while still living together. “Living apart” includes couples who live in the same home as one another but are not living together as a couple in an intimate and committed relationship. Spouses may continue living in the same home for many reasons, such as:

  • Needing time to find a place of their own
  • Lacking the finances to live alone
  • Maintaining children’s home environment

If you are still living together at the time of creating your Separation Agreement, you can enter the same address for both parties. If a dispute about your separation ever arises, you can use your Separation Agreement and an affidavit (a written statement in which a person lists facts they swear are true) to prove you were legitimately separated while sharing a home. In the affidavit, you should provide:

  • The reasons why you chose an in-home separation and if you have any intentions of changing the situation
  • The details of your physical separation (e.g. divided sleeping arrangements, meal times, household chores, etc.)
  • The details of your financial separation (e.g. separating assets, bank accounts, debts, etc.)

What if a spouse breaches the Separation Agreement?

If a spouse breaches a non-judicial Separation Agreement (one that a court hasn’t ruled on), you can enforce the terms like any other contract made between parties. A spouse can sue or seek monetary damages in court by proving the other party breached the agreement.

If you want to make your Separation Agreement an order of the court, you can submit an application to the appropriate court office. Having a court acknowledge your Separation Agreement as an order can be helpful for the following reasons:

  • If a spouse doesn’t provide payment for spousal or child maintenance, the receiving spouse may obtain payment through the District Court Office.
  • If either spouse breaches the agreement, the wronged spouse can sue the other for a being in contempt of a court ruling.

Is a Separation Agreement legally binding?

Yes, when executed properly, a Separation Agreement is a legally binding contract. First, spouses should consider seeking independent legal advice to ensure they fully understand their rights and obligations under the agreement. Then, in the presence of a lawyer and two witnesses, both spouses can sign. Spouses must sign their Separation Agreement to make the document enforceable.

Courts may not recognise a Separation Agreement if:

  • The terms of the agreement are not in the best interest of the spouses’ children.
  • Either spouse doesn’t disclose certain assets or liabilities within the document.
  • The agreement is plainly unfair (e.g., one spouse waives their right to support without compensation).

If you need to enforce your Separation Agreement under specific legislation, you can make it a judicial separation by submitting it to the relevant court.

Related Documents:

  • Prenuptial Agreement: Use this agreement prior to marriage to divide assets, debts, properties, and other finances in case of a separation or death.
  • Power of Attorney: After a separation, use this document to authorize another person to make decisions on your behalf.
  • Last Will and Testament: Outline how your estate should be divided after you pass away. Update your Will after major life events like separation.
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