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Friend has just been served with papers

  • 30-05-2018 8:21pm
    #1
    Irish Lion
    Registered Users, Registered Users 2 Posts: 136 ✭✭


    Hi All,
    A friend of mine has just received a call from her solicitor to tell her that he has received papers from her husbands solicitor.
    It's been a long time coming, living in separate rooms (in the same house) for a 10 years or more with letters flying for a long time but still a bit of a shock.

    The assets are where this is getting complicated.
    They live on a family farm which was left to my friend when they got married, but a considerable investment (well it was 20 odd years ago) was made by her husband in the farm and they have both worked on the farm ever since in some way.

    There are kids but they are all grown up and have left the nest.

    Here is the big question!!!!!!!!
    How are the assets going to be split???
    The monies, pensions, savings, tangible farm assets and stuff like that will have to be split 50/50 but what is going to happen to the farm???
    My friends solicitor is happy that it wont be a 50/50 split (more like 75/25 or 70/30) but we have heard that the other side are saying the same.

    Is there anywhere we can view precedents that could give us an idea as how the split may work???
    We have been given links to some previous cases but there doesn't seem to any form of precedent. We think it seems to be down to the court on the day?

    Any help would be appreciated.....

    Thanks,

    IL


Comments

  • #2
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,858 Mod ✭✭✭✭Henry Ford III


    Asset splits can either be agreed between the parties, or ruled upon by a judge in court.


  • #3
    Irish Lion
    Registered Users, Registered Users 2 Posts: 136 ✭✭Irish Lion


    Henry Ford III wrote: »
    Asset splits can either be agreed between the parties, or ruled upon by a judge in court.

    Both sides are adamant that the other side is entitled to nothing and to be honest this is a really stupid point of view from 2 very smart people.
    I don’t think there will be any agreement unless they both get some sense, so it looks like the courts decision but if that is the case, what guidelines does the judge use to split assets?
    I’ve seen some really crazy judgements from the case files we got referenced to with no comparisons..


  • #4
    SoapMcTavish
    Registered Users, Registered Users 2 Posts: 495 ✭✭SoapMcTavish


    Irish Lion wrote: »
    Both sides are adamant that the other side is entitled to nothing and to be honest this is a really stupid point of view from 2 very smart people.
    I don’t think there will be any agreement unless they both get some sense, so it looks like the courts decision but if that is the case, what guidelines does the judge use to split assets?
    I’ve seen some really crazy judgements from the case files we got referenced to with no comparisons..

    They really need to go to mediation. Anything could happen in front of a judge, and the costs for solicitors & Barrister - ~25K ??? Each ??


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