Separation Advice Regarding Need for Solicitor.

TICKLE_ME_ELMO

Hi, just a quick question. My parents have been separated for a long time and are now taking it to the legal stages, selling house, dividing assets etc. etc. They want to do it through mediation and have it be as amicable as possible. My father is under the impression they can do it themselves without getting solicitors involved but I took my Mother to Citizens Advice and their specialist recommended my Mum get a solicitor and they would set up the mediation. From what I've read online it seems a solicitor will be necessary at some point anyway to make things legally binding, so is it better to just have one involved from the start? Or is it even possible to get a mediator without a solicitor?

Any advice greatly appreciated.

StanleyOllie

You can do all dividing of assets and agreements with a mediator. There are some free ones available but there would be a waiting list. They draw up outline of agreement but to get a legal separation Solicitor would be needed for it to become formal.

Uboat

In Ireland is it possible to get separated and divorced without solicitor?

aujopimur

Uboat wrote: »

In Ireland is it possible to get separated and divorced without solicitor?

You go into your local court and apply free of charge, you will find court staff very helpful.

TICKLE_ME_ELMO

StanleyOllie wrote: »

You can do all dividing of assets and agreements with a mediator. There are some free ones available but there would be a waiting list. They draw up outline of agreement but to get a legal separation Solicitor would be needed for it to become formal.

Are there mediators other than the legal aid ones? The guy at citizens advice just gave my mum contacts for them but it looks like there's up to 16 week wait. Not asking you to recommend anyone just point me in the right direction, if you can. Would prefer to get this wrapped up as quickly as possible.

EDIT: Never mind, I found more info.

Pat Mustard

TICKLE_ME_ELMO wrote: »

Are there mediators other than the legal aid ones?

Yes, but the Family Mediation Service (from the LAB) is free and they provide a good service.

C3PO

When myself and my ex divorced we went to mediation first and then to solicitors to process the legalities. It worked really well for us! I would be worried that as soon as solicitors get involved, positions harden and costs start to mount quickly!

TICKLE_ME_ELMO

C3PO wrote: »

When myself and my ex divorced we went to mediation first and then to solicitors to process the legalities. It worked really well for us! I would be worried that as soon as solicitors get involved, positions harden and costs start to mount quickly!

Yeah, a friend of my mum's went through a divorce a few years ago and she told her to avoid solicitors at all costs.
Do you mind if I ask you who you went to for mediation or did you go the legal aid route?

C3PO

TICKLE_ME_ELMO wrote: »

Yeah, a friend of my mum's went through a divorce a few years ago and she told her to avoid solicitors at all costs.
Do you mind if I ask you who you went to for mediation or did you go the legal aid route?

The mediator we used is long since retired now - a lovely guy that we both trusted from the start! Despite the almost inevitable bitterness at the time we both felt that the deal we agreed on was fair and consequently we have remained good friends since ... 20 years ago!
We paid for the service.

Uboat

Hi,

I have a question: myself and wife have been sleeping in different rooms for last three years. Will judge take these 3 years into account?

Actually, it's 3.5 years.

Ken.

Uboat wrote: »

Hi,

I have a question: myself and wife have been sleeping in different rooms for last three years. Will judge take these 3 years into account?

Actually, it's 3.5 years.

http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/divorce_decrees.html


Before a court can grant a divorce, the following conditions must be met:

The parties must have been living apart from one another for a period amounting to four out of the previous five years before the application is made.

There must be no reasonable prospect of reconciliation.

Proper arrangements must have been made or will be made for the spouse and any dependent members of the family such as children of either party and other relatives.

Living apart is given a unique definition by the courts where parties can be "living apart" and still reside in the same dwelling.

In those circumstances, evidence is required to show that the parties lead separate lives, for example, sleeping apart, organising their finances separately, and caring for the children separately.

Owryan

There's been a few cases where couples applied for divorce yet were living under the same roof. Once the judge was satisfied that they were not living as a couple the divorces were granted.

4ensic15

While people might agree on things, it takes a properly qualified lawyer to tell whether or not someone is being short-changed. It can be easy to decide on selling a house and other assets but it can be very complicated in the area of pension rights and if there are other relationships involved.