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Diy Separation Agreement Template for Ireland

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Key Requirements PROMPT example:

Diy Separation Agreement

"I need a DIY Separation Agreement for a mutual separation effective March 1, 2025, with primary focus on arrangements for our two children (aged 8 and 11), shared custody, and division of our family home in Dublin."

Document background
The DIY Separation Agreement is a crucial document in Irish family law that enables couples to formally separate without immediate court proceedings. It's particularly suitable for couples who have reached mutual agreement on separation terms and wish to document these arrangements in a legally binding format. The agreement covers essential aspects such as asset division, maintenance payments, living arrangements, and child custody under Irish jurisdiction. While it's designed for DIY use, it adheres to the requirements of the Judicial Separation and Family Law Reform Act 1989 and related legislation. This document often serves as a stepping stone towards divorce proceedings (which in Ireland requires separation for four out of the previous five years) and can be referenced in future legal proceedings.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the separation agreement

2. Background: Brief history of the marriage, including date of marriage, date of separation, and current living arrangements

3. Definitions: Definitions of key terms used throughout the agreement for clarity and legal certainty

4. Living Arrangements: Details of who will live where and arrangements for the family home

5. Financial Arrangements: Overview of how finances will be handled, including bank accounts, debts, and general monetary obligations

6. Division of Property: How marital assets and property will be divided between the parties

7. Maintenance Arrangements: Details of any maintenance payments between spouses and/or for children

8. Children Arrangements: Custody, access, and living arrangements for children, including education and healthcare decisions

9. Legal Rights: Statement of legal rights and obligations following separation

10. Future Divorce Provisions: Agreement on how this separation agreement will affect any future divorce proceedings

11. Tax Implications: Overview of how tax matters will be handled post-separation

12. Governing Law: Confirmation that the agreement is governed by Irish law

13. Execution: Signing and witnessing requirements for the agreement

Optional Sections

1. Pension Arrangements: Required if either party has pension assets that need to be divided or addressed

2. Business Interests: Required if either party owns a business or has business interests that need to be divided

3. Inheritance Rights: Required if parties wish to address future inheritance rights or existing inherited assets

4. Educational Costs: Required if there are specific arrangements for children's education expenses

5. Domestic Violence Provisions: Required if there are any protective orders or safety concerns that need to be addressed

6. Religious Observance: Required if there are specific arrangements regarding children's religious upbringing

7. International Travel: Required if there are specific arrangements for international travel with children or passport arrangements

8. Pet Custody: Required if there are arrangements needed for family pets

9. Future Mediation Clause: Optional clause for handling future disputes through mediation before court proceedings

Suggested Schedules

1. Schedule A - Asset Schedule: Detailed list of all assets owned by either party, including property, vehicles, and valuable items

2. Schedule B - Liability Schedule: Detailed list of all debts and liabilities of either party

3. Schedule C - Children's Living Arrangements: Detailed weekly/monthly schedule for children's living arrangements and contact times

4. Schedule D - Maintenance Calculations: Detailed breakdown of how maintenance payments were calculated

5. Schedule E - Property Valuation: Professional valuations of significant assets, particularly the family home

6. Appendix 1 - Financial Disclosure: Sworn statements of financial positions from both parties

7. Appendix 2 - Child Expense Budget: Detailed budget for children's expenses and how they will be shared

8. Appendix 3 - Communication Protocol: Agreed protocol for communication between parties regarding children and important decisions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Family Lawyer

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