Separation Settlement Agreement for Ireland

Separation Settlement Agreement Template for Ireland

A legally binding agreement under Irish law that formalizes the terms of separation between married couples or civil partners who have decided to live separately. The document comprehensively addresses various aspects of the separation including financial arrangements, property division, maintenance obligations, pension rights, and where applicable, childcare arrangements. It complies with Irish family law legislation, particularly the Judicial Separation and Family Law Reform Act 1989 and the Family Law Act 1995, while providing a framework for the parties to live separately without proceeding immediately to divorce.

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What is a Separation Settlement Agreement?

A Separation Settlement Agreement is a crucial legal document used in Ireland when married couples or civil partners decide to formally separate while remaining legally married. This comprehensive agreement serves as a binding contract that outlines how the parties will live apart, including detailed arrangements for property division, financial support, children's matters (if applicable), and future conduct. The document must comply with Irish family law, particularly the Judicial Separation and Family Law Reform Act 1989 and related legislation. It's typically used when parties want to formalize their separation without immediately pursuing divorce, often during the mandatory separation period required before divorce proceedings can commence in Ireland. The agreement can later serve as a foundation for divorce proceedings if the parties choose to divorce after the requisite separation period.

What sections should be included in a Separation Settlement Agreement?

1. Parties: Identification and details of both parties to the agreement

2. Background: Brief history of the marriage/relationship, date of separation, and context for the agreement

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

4. Living Arrangements: Details of physical separation and living arrangements including the family home

5. Financial Provisions: Overall financial settlement including division of assets, liabilities, and ongoing maintenance

6. Property Division: Specific arrangements for division of real property and significant personal property

7. Maintenance Arrangements: Details of any spousal maintenance payments, duration, and review mechanisms

8. Pension Provisions: Arrangements regarding pension rights and pension adjustment orders

9. Tax Matters: Agreement on tax affairs, including filing status and division of tax liabilities

10. Future Conduct: Agreement on behaviour, non-molestation, and communication between parties

11. Legal Proceedings: Status of any existing or future legal proceedings

12. Governing Law: Confirmation that the agreement is governed by Irish law

13. Variation: Circumstances and process for varying the agreement

14. Severability: Provision for maintaining validity if parts are found unenforceable

15. Entire Agreement: Confirmation that this document represents the complete agreement between parties

What sections are optional to include in a Separation Settlement Agreement?

1. Children Arrangements: Required if there are children - covering custody, access, education, and child maintenance

2. International Aspects: Required if either party lives abroad or there are international assets

3. Business Interests: Required if either party owns or is involved in business ventures

4. Inheritance Rights: Optional section addressing mutual renunciation of inheritance rights

5. Pets: Required if there are pets to address ownership and care arrangements

6. Religious Matters: Required for couples where religious divorce or separation requirements apply

7. Social Media and Privacy: Optional section addressing social media conduct and privacy expectations

8. Future Divorce Provisions: Optional section addressing intention regarding future divorce proceedings

9. Life Insurance: Optional section addressing maintenance of life insurance policies

10. Medical Insurance: Optional section addressing continued medical insurance coverage

What schedules should be included in a Separation Settlement Agreement?

1. Schedule 1: Assets and Liabilities: Comprehensive list of all assets and liabilities with agreed division

2. Schedule 2: Family Home Arrangements: Detailed arrangements for the family home including valuation and disposal/retention terms

3. Schedule 3: Personal Property Division: Detailed list of personal property and their agreed division

4. Schedule 4: Maintenance Calculations: Detailed breakdown of maintenance calculations and payment arrangements

5. Schedule 5: Children's Arrangements: Detailed parenting schedule and specific arrangements for children if applicable

6. Schedule 6: Pension Details: Details of pension arrangements and calculations

7. Appendix A: Financial Disclosure: Sworn statements of financial positions of both parties

8. Appendix B: Property Valuations: Professional valuations of significant assets

9. Appendix C: Tax Calculations: Detailed tax implications and arrangements

10. Appendix D: Legal Costs: Breakdown of legal costs and responsibility for payment

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
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Family Law Solicitor

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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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