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Remember: Any agreement to not apply for or to not follow a court decision concerning spousal or child maintenance will not be valid.
SEPARATION AGREEMENT
THIS SEPARATION AGREEMENT (the "Agreement") dated this _____ of _____________, _______. BETWEEN:
__________of __________, __________County , Ireland
OF THE FIRST PART
-and-
OF THE SECOND PART
BACKGROUND:
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:
SIGNEDbefore me in _________________________, this ________ day of ________________, ____________________________________________Practising Solicitor / Commissioner for OathsName: __________________Address: ______________________
_______________________________________
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.
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.
Generally, a Separation Agreement includes information regarding:
To compile all of this information into one simple document, use our Separation Agreement template.
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:
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:
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:
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:
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.
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