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Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2220
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Myself and my husband have been living together

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Hi, My name is Mrs *********, from *********. Myself and my husband have been living together for 25 years, married for 19. We have one daughter who is age 24, lives at home but travels. When we bought our house we were both working but after the birth of our daughter we both decided it would be best for me to be a stay at home mom, esp as we had 3 business, and felt it would be easier for all if i kept the home fires burning while he ran the businesses, but when my daughter was older i did actually work outside the home in a serarate job for about 9 years. Our businesses were barbershops and hairdressers, we are now currently down to one barbershop, which for the most part my husband works in himself(with some partimers). We are thinking of separating, My husband can not dispute that i am entitled to half of the price of the house when it is sold but After we pay off the mortgage there will not be enough left for either of us to buy another home. We both would like to buy the other out, but he has all the earnings I am currently unemployed..I am turning 50 and am suffering bad health at the moment and even if I do get a job, I know my earnings will not be enough to get another mortgage, he on the other hand  earns good money, enough to buy me out. My question is Am I entitled to a wage from the business, although i never actually worked in the shop(maybe a bit of cleaning), I did help to build it up, by running the home..(and working esp when the business was struggling)the business is doing well now, but He says the business is just about him, as he works in the shop.We don't own the building , we just rent, so he says it is a not a tangible business and whatever he earns after we separate is his, my question is, am i entitled to a wage from the business after we separate, i don't have any other income. if so, this could possibly afford for me to buy him out or at least rent somewhere else. I just wonder how it could be that he could end up with the business and the house and I only end up with a small amount from the sale of the house, not enough to buy anywhere else, and no income to live off..,after staying home to rear my daughter, run the house and also i have to mention helping to take care of his mother who suffered altzimers (couple of days a week)which he was happy for me to do. But he maintains that because he works and i now don't, whatever he earns after we separate is his. PS, I live in *******..most likely we would be legally separated for a couple of years before Divorce.but I'm wondering how i will stand either way...please could you answer me in a language i understand as much as possible as I am very confused with all the advice i have been given. Thanking you Mrs *****

While you would not be entitled to a wage from the business you would be entitled to certain ancillary order to go along with your decree of divorce/judicial separation which may assist you. The Court may make an order certain financial orders in relation to lump sum payments. maintenance and property which may assist youThe common law duty for spouses to maintain one another is continued in the legislation covering marital breakdown and survives the ending of the marriage. The liability to maintain a former spouse only ends when that spouse dies or remarries.This duty continues despite the execution of a separation agreement or an order of judicial separation or divorce.Three types of maintenance order can be made under the Family Law Act, 1995:a periodical payments ordera secured periodical payments ordera lump sum payment order.The Family Law Act, 1995 also allows a court to make an attachment of earnings order at the same time as the making of a periodical payments order without any default in payment having taken place.All ancillary relief orders will be granted by the Court in the light of ‘proper provision for each spouse and for any dependent member of the family… In your situation where you have scarifced your own career to assist him in relation to the raising a your family and attending to his domestic affairs and allowing him to go out to work and build a business. It would be appropriate for the Court to make a lump sum maintenance order in relation to the business and a subsequent maintenance order on a weekly/month basis to allow you a proper standard of living. This may allow you sufficient money to buy out his interest in the property. In relation the family home, the Court can make property adjustment orders in relation to this.1. The property to be transferred from one spouse to another or to another person2. The reduction or extinguishment of any interest that a spouse has in the property3. The settlement of the property to either spouseYou may wish to seek an order where he transfers the family home to you subject to you discharging the mortgage
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Customer: replied 1 year ago.

Hi Ronan,

Thanks for your reply. I have one more question, My husband maintains that the business depends on it is a service industry..and that he can close up and open up elsewhere as a brand new business..which would mean i would have no entitlement to any money or income from the business past, present or he keeps reminding me it is not a tangible business.

Also I would like to double check that this conversation is 100% confidential, i have seen some sample , General questions on this, and wonder if they are from real people or if they are just made up scenarios. My question mentions my name and my husbands profession, so i am worried, should I have kept my name private.

Thanking you Mrs *********

What he does in relation business isn't hugely relevant. He will be required by order of the court to make maintenance payment to you regardless of what he does with his business. In relation to the confidential aspect of your query. You need to contact the site administrators

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