mediation separation Divorce

2012paddy2012

Hi
In mediation at mo..full agreement. Mediator says we should be able to get our solicitors one for each party.. Just to read and sign the document it's then legal.
House can be sold etc.

I see a downside.

We are 4 years living separately in same house as we cannot afford separate houses. Only reason...


If we sell and live separately.. Based on this mediation.. Then look for divorce ..next... The agreement can be changed by the judge? Also the matter is not finalised fully.. Question. Am I better off just to finish this mediation and get a solicitor to do the legal separation and divorce on the one day?

musefan123

Not quite sure I understand. If you are both in agreement, and both of your solicitors have signed off, why would a judge throw a spanner in the works? Unless I’m missing something, a judge will only cast a ruling if both parties are in a disagreement.

Cyclepath

A solicitor can simply ratify the agreement already made via mediation. A judge will only question such agreements if they feel there's a solid reason such as:

• One or other party was badly legally advised
• The settlement is so imbalanced that it's unfair
• That one or other party might have been coerced/blackmailed
• That the agreement breaks existing laws, for example around certain pension entitlements
• Etc

Also bear in mind that a divorce agreement in Ireland is not 'final'. It can be re-visited/challenged at any time in the future if either party has a significant change of circumstances.

Standard disclaimer - don't rely on advice from the internets. Ask an actual solicitor for advice, etc, etc...