Law & Legal & Attorney Government & administrative Law

Aspects to Consider in the Event of a Marital Split

The collapse or a complete breakdown of a marital relationship or any other relationship can turn out to be a traumatic process for both the parties involved. There are a number of issues that need to be addressed when a couple is considering a legal separation. These include the rights of the family home, the parenting of children and the financial support required by the dependent spouse. It can turn out to be extremely stressful when it comes to sorting out these issues. If the relationship turned sour and took a violent turn, then it becomes necessary to get a barring or a safety order.

There are a number of options available to married couples, especially when they are considering going separate ways in the event of a marital breakdown. The options available to married couples include:

  • Divorce


  • Separation Agreements


  • Judicial Separation


  • The court can also issue a nullity decree which clearly declares that a valid marriage did not exist between the two parties ever.

    Here are a few issues that need to be considered in details while considering judicial separation or a divorce in Ireland. These include:

    Financial Issues: When it comes to a marital relationship, there is a legal onus on each of the spouses to take responsibility for each other's maintenance and also that of their children in accordance with whatever little means of income that they might have. This implies that a settlement that is imposed or agreed upon by the court should also comprise a maintenance agreement. It also takes into account the details of the family home and its possession issues. A divorce or a separation settlement may also come with its set of tax implications. It is necessary to understand the different taxation options that are available and the way in which such a maintenance arrangement has an effect on taxation. You may also have to take recourse to professional tax advice before you settle for arrangements that otherwise have capital gains tax applicable on them.

    Custody of the Children: Married parents are automatically the guardian of the children. An instance of divorce or even separation of the married couple does not change this situation. But obviously divorce and separation do have implications when it comes to issues such access to children and their custody.

    Civil Partnerships: When it comes to civil partnerships, the options available to the couple are quite similar to that of a married couple, in case they are headed towards an impending separation. The court can grant an order or a decree stating the nullity of a civil partnership in much the same way as the decree that declares the nullity of a marriage. The court also has the power to dissolve civil partnerships in the same way as the grant of a divorce. However, there are a separate set of rules when it comes to the dissolution of civil partnerships.

    You can browse various online resources to learn more about the rules and regulations pertaining to a divorce or a separation agreement in Ireland.
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