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Divorce after 28 years separated

  • 05-04-2018 11:26am
    #1
    oddadultchild
    Registered Users Posts: 1 ✭


    Hi all,

    I'm hoping you can help me on this. My father has decided he wants to divorce my mother. They have been separated since 1990 and in 1993, they signed a solicitor witnessed separation agreement to state they didn't want anything from each other. My father waived any right to the house and the document outlines this and includes details about the land registry. It was never agreed in court or in front of a judge or anything.

    My mother has a friend who is a solicitor of who she has sought advice but not in family law and he is telling her the agreement is worthless and they need to get my father to sign an agreement to prove he doesn't want anything from her and get that signed by a judge.

    My father went to a family law solicitor about this and he was advised that it is already in place with the separation agreement they have.

    As this all happened before divorce was brought into Ireland, we're all confused.

    My father has been trying to get this divorce for nearly 2 years now and is losing patience. He has now given her 14 days to get the paperwork into the courts or he will go in himself to sue for a divorce which is what we are all trying to avoid because it will be then in the hands of the judge if he/she decides to separate assets.

    My mother is not in the position to pay for a solicitor but even so, we've tried to get a family law solicitor and we can't get one in time who is available. Her friend who is a solicitor has basically done nothing and she is listening to him and I think he's wrong.

    My Dad doesn't want anything from my Mum but naturally, she doesn't trust this.

    Can anyone shed any light on this please? We're all so confused.

    Thanks!


Comments

  • #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Are they on speaking terms at all. If they are they could go to a mediator together and draw up a deal. Then they could go to court and the judge will rubber stamp it pretty much.

    Just remember in Ireland there is 'no fault' divorce. As strange as this sounds if your Dad won the lotto in 10 years time your mother could go after a chunk. Maybe not win but you'd never know.

    What I'm trying to say is that while a deal is worthwhile and necessary its pretty much not worth the paper its written on.


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