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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10115
Experience:  Barrister 17 years experience
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Its in relation to a "Terms of Settlement" agreement for a

Customer Question

Hi, its in relation to a "Terms of Settlement" agreement for a divorce. Her affidavit of welfare states the (natural) father will pay for the two kids upkeep (That's someone else, not me) She has previously agreed (without prejudice) that there would be no spousal maintenance. Should the Terms of Settlement agreement document not state this explicitly? That's my main question
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Dublin Ireland
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thanks
Submitted: 1 month ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 month ago.

1. Hello, you should certainly insert a clause that there is to be no spousal maintenance if you want this issue nailed down. The only reason you would not include a clause of this nature would be if you thought it might give rise to a claim for spousal maintenance if it were mentioned. However, as you have already agreed there will be no spousal maintenance, the issue can be regarded as settled.

Expert:  Buachaill replied 1 month ago.

2. You should get your solicitor to insert a clause of this nature into the agreement before it is final. In this way, there will be no future arguments about this issue if either party gets second thoughts.

Expert:  Buachaill replied 1 month ago.

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