Manage episode 493628753 series 3387087
Navigating separation and divorce is emotionally charged and legally complex, requiring careful consideration of finances, children’s needs, and your own well-being throughout the process. Family law solicitor Hilary O’Connor offers clear guidance on managing this challenging life transition.
- Mediation should be the initial step in separation proceedings as it is free and enables couples to resolve issues collaboratively.
- Living “separate and apart” for one year qualifies for separation in Ireland, while divorce requires two years out of the last three.
- Emotions run high during separation – being “too mad and too sad” can impair decision-making and needlessly prolong the process.
- The family home often becomes a central issue, but financial realities mean that one household budget must now support two homes.
- Pensions are just as important as property in settlement discussions, yet are frequently overlooked.
- Access to children is the child’s right to see both parents, not a “gift” the primary carer can withhold.
- The legal process includes submitting affidavits of means and welfare, with full financial disclosure required for settlements.
- Qualified cohabitants (those living together for 2+ years with children or 5+ years without) have similar, though not identical, rights to married couples.
- Maintenance for children continues until the age of 18 (or 23 if in full-time education), while spousal maintenance may be lifelong.
- Self-care is essential – seek counselling, surround yourself with supportive people, and “stock up on vitamins” as your immune system will be affected.
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Chapters
1. Introduction to Divorce and Separation (00:00:00)
2. First Steps: Consultation and Mediation (00:09:53)
3. Understanding the Legal Process (00:21:32)
4. Financial Considerations and Family Home (00:37:19)
5. Pensions and Maintenance Explained (00:56:07)
6. Children and Access Arrangements (01:12:26)
7. Managing Conflict and Difficult Behavior (01:26:18)
8. Cohabitation vs Marriage Rights (01:41:07)
9. Practical Advice and Tips (01:50:43)
132 episodes