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Refuse to go to court for a seperation

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  • 07-03-2012 11:10am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    My wife wants a judical seperation, I do not want to go down this route I want to do mediation

    Can I refuse to go to court and object against a judical seperation


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    #2
    davebuck
    Registered Users Posts: 243 ✭✭davebuck


    If the court papers are served on you and you don't attend the court or refuse to show up you wife can apply to the court for judgement in default of appearance which means she'll get her separation.There's no requirement to go to mediation both parties must agree to attend.


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    #3
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Does that mean she gets all what she wants? She's looking for a lump sum of E100k and maintanience


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    #4
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    You need to speak to a solicitor. We don't know your circumstances and were forbidden from giving legal advise.


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    #5
    davebuck
    Registered Users Posts: 243 ✭✭davebuck


    Yes the best person to advise you is your solicitor you really need to make an appointment and discuss your details etc....


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    #6
    Abi
    Closed Accounts Posts: 22,058 ✭✭✭✭Abi


    Gettingseperated wrote: »
    Does that mean she gets all what she wants? She's looking for a lump sum of E100k and maintanience

    Everything is looked into, shared assets, income and expenditure. If you both can't agree on figures then the judge will decide what is fair taking both of your cases into consideration. If she doesn't agree with mediation then this is the way it is going to go. Get yourself a good solicitor.


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    #7
    cgh
    Registered Users Posts: 2,180 ✭✭✭cgh


    if she has done her homework and has all the papers to hand when it gets to court. sure i can see a judge going her way. so best advice is to see a solictor NOW. get your own legal advice and see where it goes from there.
    as said already both parties must agree to go to mediation. your partner seems keen to skip that and you cant force her to go either. so get as much advice as you can from a solicitor as it would seem that you will be going to court.


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