Nothing is really permanent in this world and sometimes, even marriages break down and fall apart.
In Ireland, when a married couple has agreed to live separately and have agreed to terms regarding the separation, they can enter a separation agreement.
Because this is an agreement, this means the two have talked about, understood and accepted the conditions set forth.
This type of agreement is a lawfully valid contract that has to be respected and followed by the couple.
It is usually attained through mediation or negotiation facilitated by Solicitors.
When the separation agreement is settled fast between the couples, it does not end up in a court case thus freeing the couple from stress, trauma and exorbitant fees.
Contrary to popular belief, the purpose of mediation is not to help reconcile the couple but to help them agree harmoniously about serious concerns brought about by a separation.
These concerns can be about child custody, access, maintenance and property rights.
Mediation is not meant to counsel the couple and the one facilitating will not take sides but will persuade them to come up with an amicable settlement.
It usually takes six to seven sessions but it will still depend on the couple on how quick they resolve matters and how complex their situation is.
After reaching a consensus, the Solicitor will then list down the terms of the agreement which should be signed by both parties.
If however the couple still cannot agree with the terms and obligation set forward, that is the time the case will be elevated to the court.
Whatever information given to the mediator will not be admissible in the court hearings.
When couples choose mediation over negotiation, it is suitable for them to speak to their own Solicitors so that they get proper legal and financial advice.
This will help them determine their rights and assist them in the choices they make.
Once an agreement has been soundly made, a deed of separation is executed to be signed by the couple.
This document becomes a legally binding contract and it has terms and rights of both parties.
These include their conformity to separate, who gets full custody and access to the children, maintenance and lump sum payments if applicable, taxation, assets and other properties, payment of any debit incurred, and succession rights.
It is best to get legal advice all throughout because this will guarantee you of your rights and a fair deal.
Getting the recommendation of a Solicitor is actually less expensive than taking the matter to the court.
When a marriage fails, it is better to deal with it legally instead of being emotional about the whole thing.
Emotions will get you nowhere in this case and only those with calm and unbiased minds can help negotiate your way to a peaceful and fair separation.