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
Hi all,
Vanilla are planning an update to the site on April 24th (next Wednesday). It is a major PHP8 update which is expected to boost performance across the site. The site will be down from 7pm and it is expected to take about an hour to complete. We appreciate your patience during the update.
Thanks all.

legal seperation

  • 08-01-2015 12:33pm
    #1
    vincent1
    Registered Users Posts: 25 ✭


    hi

    my current wife and i have been through mediation (fms) and have final agreement. we now wish to make this argeement legal. we have had a quote from my wife's soliticor of €3000+vat, which seems exspensive giving that we have an agreement , what are other posters experiences? what options do we have? i am going to other solictors for prices

    vincent1


Comments

  • #2
    AndonHandon
    Closed Accounts Posts: 1,384 ✭✭✭AndonHandon


    A general point is that you should not be using the same solicitor particularly if you say that he is your wife's solicitor. You should both obtain separate legal advice before signing the separation agreement.

    You do not need a solicitor to make your separation 'legal'; if you have your mediation agreement then you can draft it into a deed of separation yourselves. This is only a simple process where you are in agreement and have your mediation agreement. This will be a legally binding contract once signed by both of you. If you wish you can make an application to the court to have the agreement made into a rule of court to "ensure that all the terms agreed regarding the children can be legally enforced where covered by appropriate legislation", but there is no need for this.

    In relation to solicitor fees, you realistically only need independent legal advice for both of you (if not already obtained) regarding the terms of the agreement and a solicitor (if you wish) to draft the Deed of Separation.


  • #3
    vincent1
    Registered Users Posts: 25 ✭vincent1


    thank you andonhandon for your reply

    i suppose i am confused about what to do next.

    is it a judicial seperation i mean. is this more exspensive and what are the advantages?

    the mediated agreement can be made legal by completing a deed of seperation how can i go about getting this?

    vincent1


  • #4
    AndonHandon
    Closed Accounts Posts: 1,384 ✭✭✭AndonHandon


    vincent1 wrote: »
    thank you andonhandon for your reply

    i suppose i am confused about what to do next.

    is it a judicial seperation i mean. is this more exspensive and what are the advantages?

    the mediated agreement can be made legal by completing a deed of seperation how can i go about getting this?

    vincent1

    A judicial separation is where a judge decides on the terms of the separation agreement (as you couldn't agree the terms yourselves). This is equally valid as a separation which you agreed yourselves. As you are in agreement as to the terms of your separation agreement then you do not need a judicial separation.

    In fact, as you have your agreement from mediation then you essentially have the bones of your deed of separation. You should both consult with separate solicitors and each bring a copy of the mediated agreement. This is to ensure that you are aware of the implications of the separation agreement. This will (should) not be expensive as it is only one consultation needed. The solicitor can draw up the deed of separation or else yourself and your wife can draw it up (using the mediated agreement as a guide) and then execute the agreement.


  • #5
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    The quote of 3 grand is normal if there's likely to be a lot of backwards and forwards stuff and say drag on for a year. Really it should be a maximum. As has been stated before you need your own legal advice. Be careful Separation Agreements are binding - if unsure there's no obligation to sign. Think long rather than short term!!


  • #6
    vincent1
    Registered Users Posts: 25 ✭vincent1


    thank you andonhandon and des brook for your replies.

    i now understand the process a bit better.

    there is nothing in the mediated agreement i am unhappy with, when you say beware of legal seperations as they are binding what do you mean. is it that that if either of us do not adhere to the agreement it can be addressed through the court?

    there is children involved. one is legally an adult (18) and the other is 16

    regards

    vincent1


  • Advertisement
  • #7
    AndonHandon
    Closed Accounts Posts: 1,384 ✭✭✭AndonHandon


    vincent1 wrote: »
    thank you andonhandon and des brook for your replies.

    i now understand the process a bit better.

    there is nothing in the mediated agreement i am unhappy with, when you say beware of legal seperations as they are binding what do you mean. is it that that if either of us do not adhere to the agreement it can be addressed through the court?

    there is children involved. one is legally an adult (18) and the other is 16

    regards

    vincent1

    The children will not pose any major issues in terms of access due to their ages so it is just the maintenance although I presume this has been hammered out in the mediation agreement.

    desbrook means that you need to appreciate that a separation agreement is a contract which can be enforced through the courts so you need to make sure you can abide by the terms. But it can also be renegotiated with your wife should circumstances change or whatever, only if you both agree however. If you and your wife are happy with the mediation agreement then you just need it to be drafted into a deed of separation. It is advised to get a solicitor to do this. Before you both sign it would be also recommended to obtain legal advice independent of each other. Shop around as it seems that your case is relatively straight forward so you should not have to pay too much.


  • #8
    Dial Hard
    Registered Users Posts: 13,374 ✭✭✭✭Dial Hard


    AndonHandon wrote: »
    A judicial separation is where a judge decides on the terms of the separation agreement (as you couldn't agree the terms yourselves).

    A judicial separation doesn't necessarily have to be because the parties can't agree, sometimes they're preferred where there are a lot of assets (or one valuable one, like a state pension) at stake, even if an agreement has been reached.

    3k does seem excessive when you already have terms agreed - most of where fees rack up is in the endless to-ing and fro-ing between sides as terms are hammered out - and as others have pointed out, you shouldn't both be using the same solicitor anyway.


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


    vincent1 wrote: »
    thank you andonhandon and des brook for your replies.

    i now understand the process a bit better.

    there is nothing in the mediated agreement i am unhappy with, when you say beware of legal seperations as they are binding what do you mean. is it that that if either of us do not adhere to the agreement it can be addressed through the court?

    there is children involved. one is legally an adult (18) and the other is 16

    regards

    vincent1

    Yes Vincent it can be most definitely addressed through the court. Let's say you agreed to pay 600 euro a month maintenance for the kids and then things change. Depending on clauses you may have to keep paying the 600 until a court order reduces it- it may be months. Also in deciding maintenance the fact that big money was being paid does not mean you were generous and therefore pay very little if you lose your job - the opposite in fact. The drop in income for the receiving household is kept to a minimum.

    Overall you've got to consider what happens if things change - and they do. Have either of you got new partners?
    Is mortgage an issue?

    By the way - if in full time education neither child ceases to be a dependant until they are 23 so child maintenance can be an issue for seven more years. Is your ex signing away spousal maintenance in the agreement?


  • #10
    vincent1
    Registered Users Posts: 25 ✭vincent1


    hi desbrook

    thank you for your reply

    the mortgage is paid and yes my wife is signing away spousal maintenance as am i.

    maintenace will be about my contribution to my kids who will hopefully be in full-time education until they are 23.

    so i am thinking if we can agree between with each all the these things the amount the solicitor is looking for is excessive for the deed of seperation.

    vincent1


  • #11
    endacl
    Registered Users Posts: 22,229 ✭✭✭✭endacl


    On a side note, it's nice to see one of these threads where the OP appears to be in a position to deal amicably, sensibly, fairly and respectfully with the other party to a separation.

    Best of luck for the future Vincent.


  • Advertisement
  • #12
    AndonHandon
    Closed Accounts Posts: 1,384 ✭✭✭AndonHandon


    Dial Hard wrote: »
    A judicial separation doesn't necessarily have to be because the parties can't agree, sometimes they're preferred where there are a lot of assets (or one valuable one, like a state pension) at stake, even if an agreement has been reached.

    3k does seem excessive when you already have terms agreed - most of where fees rack up is in the endless to-ing and fro-ing between sides as terms are hammered out - and as others have pointed out, you shouldn't both be using the same solicitor anyway.

    That's the main point to take from this post OP.


  • #13
    vincent1
    Registered Users Posts: 25 ✭vincent1


    thank you for all the replies posted

    it is a little bit clearer now the options that i have

    we do have seperate solictors and it is my wife's solicitor who quoted 3k to do the legal seperation. i will now ask my solicitor for a price to prepare and do the legal work on the deed of seperation.

    vincent1


  • #14
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    vincent1 wrote: »
    thank you for all the replies posted

    it is a little bit clearer now the options that i have

    we do have seperate solictors and it is my wife's solicitor who quoted 3k to do the legal seperation. i will now ask my solicitor for a price to prepare and do the legal work on the deed of seperation.

    vincent1

    Each side pays there own legal costs usually. I'm presuming your wife is the applicant btw. Therefore her bill is her own business I would think. You just worry about yours.


  • #15
    Heckler
    Registered Users Posts: 3,322 ✭✭✭Heckler


    3000 sounds mad to me. When myself and my wife got a legal separation it cost me less than 300euros ! She told me her solicitor was quoting her 1000 and I advised her to go to someone else. Think she ended up paying about 500 in the end.

    Granted we had no mortgage and no kids so that probably cut down on a lot of work for the solicitors. Also it was an amicable separation with neither of us wanting anything from the other so maybe that kept the costs down too. Still though 3000 seems excessive.


  • #16
    vincent1
    Registered Users Posts: 25 ✭vincent1


    Heckler wrote: »
    3000 sounds mad to me. When myself and my wife got a legal separation it cost me less than 300euros ! She told me her solicitor was quoting her 1000 and I advised her to go to someone else. Think she ended up paying about 500 in the end.

    Granted we had no mortgage and no kids so that probably cut down on a lot of work for the solicitors. Also it was an amicable separation with neither of us wanting anything from the other so maybe that kept the costs down too. Still though 3000 seems excessive.

    heckler, those are very interesting costs. are they based on a deed of seperation agreement?
    did you have a home to sell and was there any conveyancing costs?


  • #17
    Dial Hard
    Registered Users Posts: 13,374 ✭✭✭✭Dial Hard


    Heckler wrote: »
    3000 sounds mad to me. When myself and my wife got a legal separation it cost me less than 300euros ! She told me her solicitor was quoting her 1000 and I advised her to go to someone else. Think she ended up paying about 500 in the end.

    Granted we had no mortgage and no kids so that probably cut down on a lot of work for the solicitors. Also it was an amicable separation with neither of us wanting anything from the other so maybe that kept the costs down too. Still though 3000 seems excessive.

    That was extremely cheap. My ex and I are just finalising a judicial separation. No children involved, I'm waiving my rights to the house and his pension and we agreed all terms between ourselves independently of the solicitors. Even at that, his legal fees as applicant are looking to be about the 2k mark and mine are going to be about half that.


  • #18
    vincent1
    Registered Users Posts: 25 ✭vincent1


    Dial Hard wrote: »
    That was extremely cheap. My ex and I are just finalising a judicial separation. No children involved, I'm waiving my rights to the house and his pension and we agreed all terms between ourselves independently of the solicitors. Even at that, his legal fees as applicant are looking to be about the 2k mark and mine are going to be about half that.

    thanks dial hard

    with me being the applicant and asking a solictor to prepare a deed of seperation based on a mediated agreement i am being quoted from 3k down to 0.8k and my wifes cost will be extra. so currently qualifying those prices to make sure i am not missing anything.


  • #19
    Heckler
    Registered Users Posts: 3,322 ✭✭✭Heckler


    I can't remember the ins and outs of it (about two years ago now) . Not a judicial separation. Deed of separation I guess. All I know is we're definitely legally separated !!

    We never owned a house so no hassles there and like I said no kids and an amicable if sad breakup. We're still on good terms thankfully and meet up every now and again to catch up.

    Took 2 visits to the solicitors for me at a cost of less than 330e.


  • #20
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    vincent1 wrote: »
    thanks dial hard

    with me being the applicant and asking a solictor to prepare a deed of seperation based on a mediated agreement i am being quoted from 3k down to 0.8k and my wifes cost will be extra. so currently qualifying those prices to make sure i am not missing anything.

    800 is great as the applicant! Jump on that price.


Advertisement