What is a Separation Agreement?
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April 26, 2021 at 9:55 am #8620sibyl020302907Guest
Married couples and civil partners have a legal right to enter into separation agreement without involving the court rulings.
It is a legal agreement that specifies the rights and duties of the both parties. Separation agreement preserves the matrimonial relationship. Separation agreement is also known as deed of separation. If the parties are not agreed on the terms of the separation agreement, they have the option to apply for judicial separation.
The judicial separation is granted by the court under the Family Law Reform Act 1989 and the Family Law Act 1995.
One of the following grounds must be exist for the application of judicial separation. Such as
Respondent has committed adultery;Unreasonable behavior of the respondent that the applicant cannot feel comfortable to live with respondent;Desertion by the respondent of the applicant for at least one year preceding the date of application,Both respondent and applicant have lived apart for one year up to the date of application and the respondent agreed to separation decree being granted;The spouses have lived apart for at least three years up to the time of the application for a separation (this applies whether or not one of the spouses agrees to the separation);The court has satisfied that normal marital relationship has not existed between the spouses for at least one year before the date of application for separation.
Separation agreement must be in written form, and both couples must show their free consent in entering into such agreement.
Family aw (Divorce) Act 1996 specifies that both parties must consider the options of separation rather than getting the divorce.
In Republic of Ireland, succession rights are regulated under the Succession Act 1965.The succession law provides the automatic right to surviving couple to get the share from the estate of the deceased couple.
So such right is extinguished in case of divorce. Divorce brings the marriage to an end. Separation agreement must be signed by the both parties in presence of witness.
Breach of agreement
The normal law of agreement applies to separation agreement. If any party breaches the term of the agreement, then other party has a right to sue the other party for the breach of the agreement.
If there is a breach of maintenance payment under the separation agreement, then the aggrieved party may apply to the District Court for maintenance order under Section 5 (1) (a) of the Family Law (Maintenance of Spouses and Children ) Act,1976 .
The aggrieved party can also apply to the District court under Section 11 of the Guardianship of Infants Act, 1964 in case of breach of custody and access arrangements through the District Court.
Custody of the child
Guardianship of Infants Act 1964 recognises the both parents as joint legal guardian of their children .It is up to the parties to decide about the everyday care and control of the child.
They may care the child jointly or any one of them can take the responsibility of the child care.
Benefits of separation agreement
There are following main advantages of the separation agreement. Such as:
Preserve the family relationshipCheaper and easierNo involvement of legal processParties can decide their own terms of separation rather than terms imposing by the courtsLegally enforceable and valid
Net Lawman provides the comprehensive and up to date separation agreement.
Comprehensive and effective separation agreement suitable for a couple (whether married or not) who wish to record the agreement that they have reached in relation to their finances and other joint assets and liabilities.