ONLINE SEPARATION AGREEMENT
A Separation Agreement is a written document drawn up by parties to a marriage that have decided to separate and live apart. The terms of agreement are to be legally binding on both parties and therefore their Agreement is a legal binding contract based on the law of contract.
Parties are entitled to draw up their own written agreement. Whether they do so with the aid of the legal profession or the aid of our experts is a matter of choice.
WHY CHOOSE OUR SEPARATION AGREEMENT?
We have been supplying Separation Agreements to our customers in Ireland (Republic of Ireland) for over 12 years. Our Separation Agreements are based on contract law and adopt the legal format and wording as accepted by Banks, other Financial Institutions, Social Welfare, Revenue Commissioners, County Councils, Department of Education etc. No institution has refused to accept a separation agreement prepared by us.
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THE BENEFITS OF OBTAINING A SEPARATION AGREEMENT
When married couples split up or agree to separate and live apart certain aspects of their lives will undoubtedly change. There will be a need to provide separate accommodation for each party, dependent children will need to be provided for and their access to each party and the children’s welfare, health and education need to be addressed. Also, there may be a need for one party to pay maintenance to the other, decisions may need to be made on the family home in regard to who lives there, who pays the mortgage, how the family home is to be settled etc. Other decisions may need to be made on property, pension rights and Succession Act rights in the event of the death of either party.
A Separation Agreement can go a long way to helping couples, especially in the early stages of separation, solve issues that are hanging over them and give some security and stability in their everyday actions and responsibilities. Suitable clauses can be inserted on the need to review their terms of agreement as time moves on. Their Separation Agreement can form the basis for a consent divorce and assist the parties in remaining amicable in their dealings with each other before and after divorce.
BANKS AND FINANCIAL INSTITUTIONS
Separation Agreements are required and sought by the Banks to support applications for mortgages and loans to separated spouses.
DEPARTMENT OF EDUCATION
Separation Agreements are required and sought by the Department to support applications for Student Grants, Back to Education Schemes and Allowances and Vocational Training
REVENUE COMMISSIONERS
In support of applications for One Parent Family Tax Credits and Reliefs, Income Tax Credits and Reliefs and issues over Maintenance and the payment of tax.
SOCIAL WELFARE
Separation Agreements are required and sought by the Department of Social Welfare on the following:
- One Parent Family Payment
- Family Income Supplement
- Child Benefit
- Jobseekers Allowance/Benefit
- Rent Supplement
- Mortgage Interest Supplement
- Back to Work Enterprise Allowance
- Community Employment
- Job Bridge
- Revenue Job Assist
- FAS Programmes
- Other Benefits
LOCAL AUTHORITIES
Separation Agreements are required and sought by Local Authorities for Housing and the RAS Scheme.
HEALTH SERVICE EXECUTIVE
Separation Agreements are required and sought by the HSE in support of applications for Medical Cards and GP Visit Cards.
LEGISLATIVE SUPPORT FOR SEPARATION AGREEMENTS
In Ireland (Republic of Ireland) by statute law, contained in the Judicial Separation and Family Law Reform Act, 1989 and in the Family Law (Divorce) Act, 1996, solicitors are duty bound to discuss the possibility of concluding a written separation agreement between estranged spouses.
The Judiciary in Ireland are also bound to have regard to the terms of any separation agreement which has been entered into by the spouses in any subsequent application for divorce as set out in Section 20 (3) of the Family Law (Divorce) Act, 1996.
TERMS OF A SEPARATION AGREEMENT
The essential provision of every separation agreement is that the parties agree to separate and live apart and that the agreement is to be legally binding upon each of them. Other clauses in separation agreements are summarised.
General Provisions
To live apart free from marital control and not to annoy, disturb, molest or otherwise interfere with the other.
Guardianship, Custody and Access
Married spouses remain joint guardians of their dependent children. The parties may have joint custody or agree that either party have sole custody. Full details of the access arrangements can be inserted in the agreement.
Maintenance, Financial Payments and Support Provisions
A maintenance clause can be for the payment of maintenance for the spouse and/or the dependent children of the family by the other spouse. It may detail when and how the money is to be paid and whether it is to be indexed linked to the consumer price index and whether it is to be reviewed annually or on the happening of certain events like, unemployment, co-habiting of the receiving spouse etc. The conclusion of an agreement on maintenance will not prevent a spouse access to a court for a maintenance order for his/herself or for any of the dependent children. Other provisions could be in the nature of lump sum provision, health insurance, life insurance, education costs, orthodontic or optical treatment, school costs etc.
Property
The separation agreement may include the terms of settlement of any property including the family home. The property may be transferred to one spouse with or without consideration, sold and the proceeds divided or one party may reside there, to the exclusion of the other party, for a set period. A clause should also be inserted to contain a general consent to satisfy the requirements of the Family Home Protection Act, 1976 in regard to the future sale or disposal of the family home.
Contents of the Family Home
Normally these remain with the family home. Items of personal interest may be claimed by either party and documented, if necessary, for example art work, personal gifts, pets etc.
Income Tax
Normally, each party prefers to be singly assessed for income tax. However, spouses can opt for joint assessment or continue to be jointly assessed for income tax. Maintenance for a spouse can be deducted from the gross income of the giver and added to the gross income of the receiver for income tax purposes. However, such an arrangement can lead to a demand for more maintenance to compensate for the payment of income tax. Maintenance for children is not taxable in the hands of the receiving spouse.
Responsibility for Debts
Indemnity clauses are normally inserted regarding mortgages and future debt liability to protect both spouses.
Succession Act Rights
Spouses may renounce their rights or retain their rights under the Succession Acts to a share in the estate of the other.
Pension Provision
Parties can have clauses on pensions inserted in separation agreements to waive their interest in the others pension or to award the other spouse a share of the members pension.
Miscellaneous Provisions
Parties can add their own provisions or terms to their agreement.