Tag: judicial separation

  • Full and Final Settlement in Separation Agreements or Judicial Separation-A 2nd Bite of the Cherry in Divorce?

    Does a ‘full and final settlement’ in a deed of separation or on Consent Terms in a judicial separation actually mean what it says? In other words, can either party get a ‘second bit of the cherry’ at the time of divorce? Firstly, the Courts are obliged under section 20(3) of the Family Law (Divorce)…

  • Ancillary Orders in Judicial Separation and Divorce

    The Family Law Courts in Ireland have considerable powers to make additional orders, called ancillary orders, in divorce and judicial separation proceedings under the Judicial Separation and Family Law Reform Act, 1989 , the Family Law Act, 1995 (judicial separation proceedings) and the Family Law (Divorce) Act, 1996 (divorce proceedings). The main factor determining these orders is the need to make…

  • Judicial Separation in Ireland-Grounds for Judicial Separation and Separation Agreements

    There are now two ways to legally end a marriage in Ireland-divorce and judicial separation. The Judicial Separation and Family Law Reform Act 1989 gives the Court wide discretion to make orders in relation to the granting of a decree of judicial separation. One significant difference between divorce and judicial separation in Ireland is the…

  • Separation Agreements in Family Law in Ireland

    Separation agreements in family law in Ireland are agreements drawn up by the parties to a marriage breakdown who wish to avoid the Courts to resolve their differences. Terms of separation agreements Most separation agreements will deal with an agreement for the parties to live apart and further matters commonly covered will include access to…