Divorce Financial Consent Order for Ireland

Divorce Financial Consent Order Template for Ireland

A Divorce Financial Consent Order is a legally binding document used in Irish family law proceedings that formalizes the financial settlement agreed between divorcing spouses. It operates under the jurisdiction of Irish courts and is governed primarily by the Family Law (Divorce) Act 1996. The order comprehensively details all financial arrangements between the parties, including property division, pension sharing, maintenance payments, and allocation of debts. Once approved by an Irish court, it becomes a binding court order that provides legal certainty and enforceability to the financial aspects of the divorce settlement.

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What is a Divorce Financial Consent Order?

A Divorce Financial Consent Order is a crucial legal document in Irish divorce proceedings that transforms a mutually agreed financial settlement into a binding court order. This document becomes necessary when divorcing couples have reached agreement on financial matters and need to make their arrangement legally binding and enforceable. The order must comply with Irish family law, particularly the Family Law (Divorce) Act 1996 and related legislation. It typically includes comprehensive details about property division, pension sharing, maintenance arrangements, and debt allocation. The document provides protection for both parties by creating certainty and enforceability in their financial settlement, and once approved by an Irish court, it can only be modified in specific circumstances. This type of order is particularly important as it can help achieve a 'clean break' between parties where possible, as encouraged by Irish family law principles.

What sections should be included in a Divorce Financial Consent Order?

1. Parties: Full legal names and addresses of both parties to the consent order

2. Background: Details of marriage, separation, divorce proceedings reference numbers, and basis for the consent order

3. Definitions: Definitions of key terms used throughout the order

4. Declaration of Understanding: Confirmation that both parties understand the binding nature of the order and have received independent legal advice

5. Clean Break Provision: Statement regarding the finality of financial arrangements between parties

6. Property Orders: Detailed arrangements for the family home and any other real property

7. Lump Sum Payments: Details of any one-time payments between parties

8. Maintenance Provisions: Arrangements for ongoing maintenance payments, including terms and duration

9. Pension Arrangements: Details of pension sharing or attachment orders

10. Debt Division: Allocation of responsibility for existing debts and liabilities

11. Implementation Timeframes: Specific deadlines for implementing various aspects of the order

12. Tax Implications: Statement regarding responsibility for tax liabilities

13. Variation Provisions: Circumstances under which the order may be varied

14. Enforcement: Provisions for enforcement of the order

What sections are optional to include in a Divorce Financial Consent Order?

1. Business Interests: Section dealing with division or handling of business assets when one or both parties own business interests

2. International Assets: Provisions for assets held outside Ireland, including enforcement considerations

3. Trust Arrangements: Details of any trust arrangements being established or modified as part of the settlement

4. Children's Special Provisions: Special financial arrangements for children's education or maintenance beyond standard child maintenance

5. Life Insurance Requirements: Provisions requiring parties to maintain life insurance policies

6. Future Asset Division: Arrangements for assets yet to be realized or divided

7. Inheritance Provisions: Special provisions regarding inherited assets or future inheritances

What schedules should be included in a Divorce Financial Consent Order?

1. Schedule A - Property Details: Detailed description and valuations of all real property included in the settlement

2. Schedule B - Asset Register: Comprehensive list of all assets being divided, including bank accounts, investments, and personal property

3. Schedule C - Pension Details: Details of all pension arrangements including current values and division calculations

4. Schedule D - Maintenance Calculations: Detailed breakdown of maintenance calculations and payment schedules

5. Schedule E - Debt Schedule: Complete listing of all debts and liabilities with allocation details

6. Appendix 1 - Property Valuations: Independent valuations of properties included in the settlement

7. Appendix 2 - Pension Actuary Reports: Professional pension valuations and division calculations

8. Appendix 3 - Implementation Timeline: Detailed timeline for implementing various aspects of the order

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Ireland

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Legal Services

Financial Services

Banking

Real Estate

Insurance

Pension Services

Professional Services

Public Sector

Court Services

Relevant Teams

Legal

Family Law

Dispute Resolution

Property Services

Financial Advisory

Pension Administration

Court Administration

Conveyancing

Compliance

Risk Management

Relevant Roles

Family Law Solicitor

Legal Executive

Divorce Lawyer

Court Clerk

Judge

Financial Advisor

Pension Advisor

Property Valuer

Actuary

Mortgage Advisor

Bank Manager

Legal Secretary

Paralegal

Mediator

Family Law Barrister

Court Registrar

Industries
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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