Case Studies
Judicial Separation: Virtual Client Case
Below is a virtual case, similar to many Family Law cases that we are currently undertaking at Malcomson Law. This is not a real case and no real names are used in this article as we believe it will breach our client's confidentiality.
Background Information
Names: EILEEN AND PAT
Legal Issues: Seeking a Judicial Separation
Occupation: Pat is employed as an Executive Officer in the Civil Service.
Eileen does part-time work in an office in Terenure
Property:Family home with a mortgage which is 3 months in arrears.
Pension: Pat has a pension with the Civil Service, Eileen has no pension
Eileen and Pats Story
Eileen and Pat have been married 10 years. They have two young children, aged six and eight, both at school. Pat is employed as an Executive Officer in the Civil Service on a salary of €40,000.00 per annum. Eileen does part-time work in an office in Terenure for which she earns €10,000.00 per annum. They live in Templeogue. The house is in their joint names and is worth €700,000.00 but is subject to a mortgage of €300,000.00 in favour of a building society
Since the birth of their youngest child, there have been marital difficulties between Eileen and Pat. They have not slept together for over 18 months and throughout this period there has been very little communication between them. Eileen maintains that Pat has a drinking problem, and frequently does not return home from work until after 9 p.m. She alleges that on at least four occasions over the past two years he has struck her on the face. Pat denies that he has any drinking problem but accepts that the relationship is not good.
The mortgage repayments are now 3 months in arrears.
Legal Advice
Both parties have to be advised by their respective solicitors to alternatives to separation proceedings, such as engaging in mediation or effecting a separation by the negotiation of a separation agreement.
The parties are entitled to apply for a Judicial Separation through the courts on several grounds and in particular;
a.Pat has behaved in such a way that Eileen cannot reasonably be expected to live with him.
b.That the marriage has broken down to the extent that the courts would be satisfied in all the circumstances that a normal marital relationship has not existed between the spouses for a period of at least one year, proceeding the date of application.
Interim orders which could be obtained before the hearing
Eileen could apply for a Safety Order/ Barring Order pending the hearing of the application. Eileen could also apply for an Order protecting her interest in the family home pending the hearing of the application in light of the fact that the mortgage repayments are now 3 months in arrears.
Eileen and Pat would both be advised that the courts have a duty to ensure that proper provision is made for both spouses and the Dependant children. Eileen would be advised to ascertain if she could buy out Pat's interest in the family home. Eileen would have to consider returning to work full-time to finance the cost of this mortgage.
Maintenance
As the children are still dependant the courts will make orders for their maintenance.
Custody/Access
As the children are very young, the courts would order that the children's primary place of residence should be with Eileen.
Eileen should endeavour to agree a schedule of access with Pat to the children. If they cannot reach a mutual agreement, the courts will set out access arrangements on their behalf.
Pensions
Pat has a very good pension with the Civil Service. Eileen could apply for a Pension Adjustment Order in respect of that pension. Both parties will be concerned that they will be obliged by the court to make full and frank disclosure of all of their means/assets.
Seeking Family Law Advice
If you would like to discuss family law please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in Family Law.
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