Marriage Separation

jimmycrackcorm

I've been searching this forum and other internet sources for any clues as to what happens to the family home in a separation? I've heard stories where basically the husband has to keep paying the mortgage and maintenance while the wife shacks up with a new guy and it seems to be unfair. Is there any source of information other than a solicitor (which may equally me lacking in enough knowledge) where one can understandwhat happens to the only asset (i.e. the family home ) when a couple get separated in typical situations - e.g. both partners working but husband working nor and earns more and consequently pays the bills (however this is by choice as wife could actually work more if childcare was sorted out properly).

I.e. would a court judgement be based on the current situation or are they ever made on an assumption that the wife could work normal full-time hours which would see a more fairer balance of income.

McCrack

Depends on a lot of factors. If it's a separation agreement the parties will decide guardianship (if there's children), maintenance, assets, succession rights, pensions will all be agreed and set down in the Deed. Simliar to a private contract.

If it's a judicial seperation/divorce the law maintains that the welfare of any children be provided for and proper provision is made for the other spouse. The court will take into account contributions either direct (mortgage repayments) or indirect (stay at home to mind the children) to the purchase of the family home in deciding ownership.

The above is simplified but it's a general answer. The key in family law is 'proper provision' for the other spouse and dependents (if any).

Curnacrieve

The decisions made by the family law courts in Ireland vary on a case to case basis. It is also very hard to predict an outcome as the cases are held in camera, in other words behind closed doors. However the Court Services have begun to publish, anonymous decisions and you should check the family law link on courtservices.ie.
Proper provision is what the Courts set out to achieve for both spouses. Previously, in the boom time, that meant in most cases a home and sufficient income as per the marriage assets, no of dependants, pensions, earning capacity etc. At present however given the downturn in the house market proper provision is not as easily achieved in many cases. Some solutions that have been mooted include building a "granny annex" or allowing the family home to be lived in by the dependants and, typically, wife until the children reach the age of 18/23. 18 if they do not go on to further education, 23 if they do.
With regards to a wife working, it will again depend on a number of factors. How old are the children, what is the earning power (or potential earning power) of both parties, is there a reasonable chance of the wife getting employment? Not to fob you off but as you can see each case will turn on the facts. In addition any solicitor who tells you that he/she can absolutely predict the outcome of your case is either psychic or isn’t fully au fait with family law.

Finally if the wife is now living with someone else in the family home the husband should approach his solicitor and ask for any settlement to be reviewed or if no settlement has been made then for that factor to be taken into consideration. Beware though living together while significant does not mean the same as being married to someone. As with all family law cases it is best to negotiate it between parties through agreements, mediation or collaborative law if at all possible.
Hope that is of sum help.

geraghtygirl

As someone who has been through the situation, there are a lot of fairy stories in existance. The courts job is to try and come to a fair solution not to punish one or the other party (no matter how much you might feel that this is their job). The woman in the split generally will have the family home (if there are children involved). This can be done in a number of ways - she takes over the responsibility for the mortgage (her name only) and they husband may be asked to contribute to spousal maintenance or and I think this is what you are describing - they both maintain their names on the mortgage and continue paying it and when the children are 18 the family home is sold with any profit being divided and of course the whole saga being revisited again depending on incomes/pensions/ages. The above are just some of the ways this can be sorted out. Can I just give a piece of advice and this may not be the place to do it - MEDIATION - it is the best way. Take that advice from someone who did not go down that road.

zoom505

Indeed. Mediation is the way forward. You can check out divorceinireland.net a free information site, or familymediation.ie for more info.

dats_right

How long is a piece of string? There is absolutely no way of knowing what will happen in any particular family case, as every case is different and weighed by different factors. Family law is extremely complicated, especially the ancillary orders that can apply upon divorce or judicial seperation. The best way to proceed is undoubtedly with professional legal advice from a solicitor, who will have the legal knowledge and practical experience to give you the best advice available and protect your interests.

If your roof blew off your home you wouldn't attempt to fix it yourself, you would get professionals to fix it. Similarly, with family law proceedings you are not going to be able to acquire the requisite knowledge or skills required to progress your case from internet sites, diy thingy's and anecdotal stories from friends and family. Ok these may save you a few bob in the short run but are very unlikely to serve your interests well in the long run.

If finances are a problem you could consult the Legal Aid Board, who are a Governmant agency that provide a legal service to those who cannot afford to consult a solicitor privately.