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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10432
Experience:  Barrister 17 years experience
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I have been separated 3 years and was getting child support

Customer Question

Hi there, I have been separated for over 3 years and was getting child support for two children who remain with me as there full time carer for 5 days a week. I have not got this payment for over a year now, I have not chased there mother as I do not want to upset the children and would worry about what is said about me to them. We had a mediation agreement in place. Can I now apply for a divorce as my ex still treats my rented home as a place she can come and go whenever she wants.
JA: Thanks. Can you give me any more details about your issue?
Customer: Can I get a divorce without much hassle . We are living apart since August 2012 but she had affairs prior to that but were trying to work things out to stay together for the sake of the children. It was only when my mother died in November 2015 and my wife returned to take up a role as chief mourner that I realised that I have to move the situation to a more legally binding situation .
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Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. Hello, you will be able to get a final divorce as and from August 2016, as then you will have been living apart for four years. In the meantime, you can institute proceedings for a legal separation, which will deal with all matters between you apart from give you the right to remarry. However, what i would suggest is that you get proceedings started today, getting all issues sorted out and then once August comes, get the final divorce decree issued. Normally, there are quite considerable delays in legal proceedings and you will not get everything sorted out immediately. So start proceedings today as legal separation proceedings and once August comes change them into divorce proceedings.

Expert:  Buachaill replied 1 year ago.

2. Be prepared to deal with all issues such as maintenance, custody and access, ownership of any family residence, property rights and pension rights. If you can afford it, I would recommend getting a solicitor to help you with it. Get a quote in advance. If you want a divorce pack of papers, you can get them from the office of your local County Registrar. These will enable you to make the application yourself if you wish to follow this course.

Expert:  Buachaill replied 1 year ago.

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