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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2253
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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hi there, i am unhappy with the terms of my judicial separation

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hi there, i am unhappy with the terms of my judicial separation which i signed off on under pressure, have i any comeback with this? thanks

You have signed a consent order which was ruled by the Courts unfortunately. You can ask your solicitor to bring a motion to have the matter brought back before the judge.


The Judge will be most aggrieved that you have done this and you will need a very comprehensive and substantive explanation as to how you were pressured. For Example, any suggestion that your solicitor or barrister pressured you will not be entertained unless substantiated by compelling evidence or if the consent order is grossly unfair



The opposite side, will be seeking to confirm that order and it is most unlikely the court will set it aside. You will have an uphill climb on this one I am afraid

Customer: replied 4 years ago.

putting it aside, can i bring these matters up at the Divorce proceedings or in the interim can i go back with a variance in maintenance request?


Yes, these matters can be brought up at divorce stage. You can also make applications to vary maintenance at any stage once provision was made for this in the separation order you signed
Customer: replied 4 years ago.

Thanks Ronan. Once this order is signed off, how long do i have to wait before i can apply to vary maintenance?

Customer: replied 4 years ago.

last question to bother you with Ronan, because it is a judicial separation as opposed to a separation agreement, does this make it more of an uphill battle to argue points at divorce stage? (separate to maintenance)

Customer: replied 4 years ago.

sorry Ronan just to clarify, even with it being a judicial separation as opposed to a separation agreement, is one more upheld than the other?

It is a judicial separation ruled on consent. Essentially that you agreed to the terms of it. It is not of huge significance whether it was an agreement or an order of the court. The court will take into account the terms of agreement/order at divorce stage
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