The pre-recession levels of divorce are back in Ireland after several years of declining numbers, according to the Law Society.
The announcement by the governing body of solicitors in Ireland, suggests that the trend is down to the fact that people, who had wanted to get divorced for years, were unable to financially support themselves independently but with improving finances have been able to take the required steps to separate formally.
Figures released show that, while the lowest number of applications came in 2011 after three straight years of decline, the numbers of couples applying for divorce has slowly risen since.
Divorce can bring with it a fear of uncertainty and the Law Society Family Law Committee has suggested that many people simply postponed divorce at a time when they were wary of their ability to financially support themselves individually.
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If you are faced with marriage breakdown, and the uncertainty that comes with it, it is important for you to know what options are available to you.
If a marriage breaks up there are different options available such as a deed of separation, judicial separation, divorce or, in certain circumstances, nullity.
My husband earns 100k, has a reasonable pension. I work part-time,earning 25k,and have focused on caring for the children for the last 12 years. I have a very small pension, started recently. He wants to sell house but will require a PAO. I need to stay in house as rent in the area is prohibitive, extremely hard to find and more expensive than mortgage.what is the likelihood of me staying in house for a few years at least? Will the court take into account that I’m forced to sell, he will have a nice lump sum and get new mortgage, whilst I won’t be able to get a mortgag, and will rent will be more than the existing mortgage repayments
Typically what am I looking at in terms of access? Eldest child is 12, younger 6.
Am I likely to be able to do some sort of deal on house (I.e buy him out) using his pension in the equation?
If I read your comment correctly , the only asset is the family home, both parties earn and have pensions. The husband has the greater income and pension and the wife is the primary carer. There are two dependent children . The income disparity may feature in the level of maintenance payable for the children and may also feature in the context of spousal maintenance . `if the pension lump sum can be accessed this may prove important in the context of the likelihood of the sale of the family home. The issue of access is very dependent on the circumstances but is a matter that should be put in the context of the best interests of the children.
Just to add, I have tried the collaborative approach but he won’t engage and was very obstructive.
It may be that the timing is not right and that you may have to take a more pro-active (aka litigious) approach to get to the point where a collaborative or mediated approach might become more attractive .
Mediation or any other collaborative approach is grounded on agreement or consent. The legal process should be the default when ADR (alternative dispute resolution does not work). That however is the key ingredient – no agreement = litigation.