Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

seperation and my entitlements- please help

Options
  • 02-10-2014 8:38am
    #1
    lostsoul01
    Registered Users Posts: 31 ✭


    Hi everyone, im new to this so just give you give you a quick lowdown on my situation, my husband had an affair which led to us separating. He has a business which he bought into while we were married and I still work there part time. I am trying to figure out what my entitlements will be in the seperation going forward as we have 2 children and would feel so much better knowing what lies ahead. I know the house will have to be sold and he must pay maintenance and we both have pensions, am I entitled to anything from the business which he built up along with his boss/partner over the the last 9 years? Even thougn my name is probably not on any documents.. unsure about that.. any advise appreciated.. thanks


Comments

  • Options
    #2
    cgh
    Registered Users Posts: 2,180 ✭✭✭cgh


    first port of call would be to get proper legal advice and go from there.


  • Options
    #3
    lostsoul01
    Registered Users Posts: 31 ✭lostsoul01


    cgh wrote: »
    first port of call would be to get proper legal advice and go from there.


    Will do thanks


  • Options
    #4
    Sala
    Registered Users Posts: 1,494 ✭✭✭Sala


    lostsoul01 wrote: »
    Hi everyone, im new to this so just give you give you a quick lowdown on my situation, my husband had an affair which led to us separating. He has a business which he bought into while we were married and I still work there part time. I am trying to figure out what my entitlements will be in the seperation going forward as we have 2 children and would feel so much better knowing what lies ahead. I know the house will have to be sold and he must pay maintenance and we both have pensions, am I entitled to anything from the business which he built up along with his boss/partner over the the last 9 years? Even thougn my name is probably not on any documents.. unsure about that.. any advise appreciated.. thanks

    Family law is very much on a case by case basis -i.e. there are no hard and fast rules about who gets what. If you are part time you may be entitled to legal aid so get on the waiting list at your local law centre. If you want to have a chat contact the free legal advice centre and you will be able to make an appointment to speak to solicitor or barrister for free. It will only be preliminary advice but they may be able to help you with some of your worries and is a good first step. Failing that contact a private solicitor.

    All the assets of a family are looked at- houses, cars, businesses, regardless of whose name they are in, they have to be disclosed. All this will be dealt with during the course of your proceedings, along with children, maintenance, pensions etc so I would not worry now - you need to take the first step and contact FLAC LAB or a solicitor


  • Options
    #5
    lostsoul01
    Registered Users Posts: 31 ✭lostsoul01


    Thanks so much for that, really apreciated :)


  • Options
    #6
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    You say the house " will have to be sold " . Without getting into legal advice this isn't true - although that is what you both. or a judge MAY decide . As a family home it has special protection which essentially means that it's sale cannot be forced by one person refusing to pay the mortgage - whether they live there or not .


  • Advertisement
  • Options
    #7
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    Btw if you are separated less than a year you are entitled to apply for a Judicial Separation immediately because he committed adultery. This may work in your favour but only a solicitor can advise you if it's worth doing.


  • Options
    #8
    lostsoul01
    Registered Users Posts: 31 ✭lostsoul01


    Thanks for that, separated 8 months, affair was 2 years previous to that..


  • Options
    #9
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    lostsoul01 wrote: »
    Thanks for that, separated 8 months, affair was 2 years previous to that..

    As I understand it you are entitled to go for Judicial Separation but check ;)


Advertisement