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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10587
Experience:  Barrister 17 years experience
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I got married in the UK. Have been living and working in the

Resolved Question:

I got married in the UK. Have been living and working in the Republic of Ireland for over 15 years. I moved out of the family home and have lived apart from my ex husband for 2 years. We have two adult children both attending third level education. I need to get my name off the mortgage and sort out division of assets. We have a business, family home and rental property all jointly owned as well as pensions and shares. Can we give a solicitor what we have decided upon as the division we are happy with, or do we need to get a legal separation first in order to be able to get our assets sorted? Thank you. Anne Marie O'Gorman
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. Dear *****e Marie, You can get a consent order for divorce in the UK after two years living apart when the marriage has irretrievably broken down. There all you would do is jointly consult a UK solicitor with what you have agreed and get her to lodge the divorce proceedings in court. However, the situation in Ireland is that you have to be living apart for four years before you can get a divorce. Even then, whilst you can agree matters between you, a Circuit Court judge has the final say as whether the arrangements made will be implemented. Before the four year mark you need to apply for a legal separation in Ireland. Accordingly, you should see if you have sufficient connection with the UK given you were married there, to get divorced in the UK. My own view is that it is possible to get divorced in the UK immediately and to get on with your lives on the basis of what you have agreed with your husband.

Customer: Thank you for your reply. Would a UK solicitor be able to do all the paperwork correctly in order for us to tie up our affairs in Ireland? We have a business, a family home and rental property that I would want my name removed from.
Customer: Thank you for your reply. Would a UK solicitor also be able to complete the necessary paperwork in order for us to tie up our affairs in Ireland? We have a business, a family home and rental property that I would want my name removed from. We would need legal advice because, I certainly would not know how to begin sorting it all out. I would just want the equivalent of the monetary sum that is due me. I am assuming that I am entitled to half the value of our assets minus half the value of our debt. We do not have a will made. We currently jointly own all the above. Thank you for your reply.
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