FAQs » Spousal Maintenance
Added by Tets
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Once a spousal maintenance figure has been agreed then it is sometimes possible to also agree to capitalise the spousal maintenance.
This means working out what lump sum figure you should receive instead of the normal periodic payments. The court will consider the size of the monthly payment and the expected period of time that it would be paid for - and come up with a lump sum equivalent.
Of course this is only possible in cases where there are enough assets in the pot for a lump sum payment to be made.
Capitalised Spousal Maintenance would normally imply that there is a clean break.
FAQs » Getting a Divorce
Added by rubytuesday
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either spouse can apply for a Decree of Divorce - the person applying is the Applicant
the other spouse is the Respondent
Ireland has adopted a “no fault” system in applying for divorce
the venue can be in any county where any party ordinarily resides or carries on any profession, business or occupation
either spouse must be resident in the State for one year prior to the application
the Court shall be the Circuit Court unless, the market value of any land in which proceedings relate exceed €3m and either party or any person having an interest applies to transfer it to the High Court.
(Click on the orange sub-headings for sample forms)
No you can agree a figure between you, unless you as the parent with care of the children receives certain means-tested benefits, in which case you are obliged by the DSS to apply for an assessment by the Child Support Agency. If that you refuse to make an application, you may be penalised by having your benefit payments reduced by a draconian amount - 40% - for an unlimited time.
Other single parents who do not receive benefits may apply to the CSA for an assessment if they wish to, as long as there is no Court Order in force regulating payments. They may however prefer to agree a figure for child maintenance, bearing the Child Support Act calculation in mind.
The financial resources of the new partner are relevant, but only indirectly. It is not possible to demand that the new partner has to pay income or capital to the former spouse.
The court can only make orders against a husband or wife of the marriage in question. But if financial resources are being shared, then it does have a knock-on effect on how much can be afforded.
For example, if a husband is sharing the household bills with his new partner then clearly he can afford to pay more by way of maintenance to his wife or to their children.
Similarly, if a wife has started to live with her new partner who already has a home, then arguably she does not need as much as she would otherwise to buy a new home. Dividing the assets may be simpler or more difficult depending on the case. But the person cohabiting is likely to do less well.
FAQs » Sorting Out The Finances
Added by dukey
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The estate of a person dying intestate is charged with a fixed sum (the statutory legacy) in favour of the person’s surviving spouse or civil partner. This Order increases the statutory legacy from £125,000 to £250,000 where the intestate is survived by issue, and from £200,000 to £450,000 where there is no surviving issue but the intestate is survived by certain close relatives.
By virtue of section 1(3) of the Family Provision Act 1966, this Order supersedes the Family Provision (Intestate Succession) Order 1993 (S.I. 1993/2906) in relation to the estate of a person dying on or after 1st February 2009
Made: 28th January 2009 Coming into force: 1st February 2009