Seperation advice for Parent

donaleire

Hi,

My parents recently separated after a 45 year marriage which involved consistent domestic violence and cruelty. After a particular incident a baring order was granted for 3 years. It is now one year on and my mother is considering making the next step but doesn't know if she has the strength. Im just wondering how long does it take for a judicial separation, when the other person fights you the whole way on it. She would ideally like to sell the house and divide between them but he won't agree. Any advice would be appreciated.

Thanks in advance for any assistance.

Payton

donaleire wrote: »

Hi,

My parents recently separated after a 45 year marriage which involved consistent domestic violence and cruelty. After a particular incident a baring order was granted for 3 years. It is now one year on and my mother is considering making the next step but doesn't know if she has the strength. Im just wondering how long does it take for a judicial separation, when the other person fights you the whole way on it. She would ideally like to sell the house and divide between them but he won't agree. Any advice would be appreciated.

Thanks in advance for any assistance.

I take it your parents are in there mid/late 60's now?
A judicial separation can be a long drawn out process especally when the other party is fighting all the way and can take it's toll on your mother.
Bring your mother to a good family law solicitor and find out where she stands.

Henry Ford III

Would living in separate hoses and a barring order not do the trick?

p.s. I forgot financial considerations.

donaleire

Thanks for the advice. In relation to the barring order, that will eventually end, so a judicial seperation will be required.

FishOnABike

If it is opposed it can drag things out considerably.

One thing worth thinking about is that the Family Law Bill 2019 is going through the Dáil at the moment. This will reduce the living separately condition of four out of the previous five down to two out of the previous three years where a divorce is contested.

A similar reduction in the living apart condition to one year is proposed for judicial separation.

It may make sense to wait until this is enacted and apply for a divorce rather than apply for a judicial separation and then possibly have to go through it all again in a subsequent divorce.

There is some impetus to push this through quickly as it also deals with aspects of recognition of foreign divorces, separations and anullments which would be important in the event of a no deal Brexit.

https://www.merrionstreet.ie/en/News-Room/Releases/Minister_Flanagan_publishes_Family_Law_Bill_2019.html

ksceniaonegina

Please take your mother to see a counselor as well