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 there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

LIVING TOGETHER AFTER JUDICIAL SEPARATION

  • 17-01-2011 5:13pm
    #1
    Stel1
    Closed Accounts Posts: 4 ✭


    Hi folks,

    Is anyone aware of any case law etc that deals with the situation where a couple that have been judicially separated for many years start living together again in the family home. Lets say the judicial separation order provided that the husband was to leave the family home and the wife was to remain in the family home. The subsequent reconciliation (living together) is unsuccessful as the husband reverts back to his abusive behavior etc.

    In particular what affect (if any) does the period of living together have on the separation order. Is it rendered void etc. Can the wife demand the husband to leave pursuant to the original order.

    Please note this is a purely hypothetical situation for academic purposes.(and hopefully some interesting discussion)

    Thanks.


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    Stel1 wrote: »
    Please note this is a purely hypothetical situation for academic purposes.
    Your homework? :)

    One factor would be how the order is phrased.


  • #3
    Stel1
    Closed Accounts Posts: 4 ✭Stel1


    What do you mean that it depends on the order?

    According to s. 8 (2) of the Judicial Separation and Family law reform Act 1989 where parties have reconciled and recommence living together they must apply to the court to rescind the original separation order.

    According to this therefore is it safe to assume that living together after a judicial separation agreement does not of itself rescind or void the agreement. The wife can still still rely on the original agreement to oust the husband from the family home despite the period of living together.


Advertisement