How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13233
Experience:  Barrister 17 years experience
53108719
Type Your Republic of Ireland Law Question Here...
Buachaill is online now

I’m looking to ask what I need to have in place before I go

This answer was rated:

Hi I’m looking to ask what I need to have in place before I go into mediation. I am separating from my spouse and need to be organized. Can you advise what I should bring/have in place please. Thanks. Allison G
JA: What state are you in? It matters because laws vary by location.
Customer: I live in Ireland, Co Wicklow
JA: Has anything been filed or reported?
Customer: Nothing yet.
JA: Anything else you want the Expert to know before I connect you?
Customer: That is it for the minute thank you
Customer: replied 1 year ago.
The family home is in my sole name. I live off the rentals attached to it. This covers the
Living expenses and school fees of our three children, one being autistic.i want to stay on in the
Family home with the kids and not ask him for
Maintenance. He lives at his house in Clare (which is a pension property he’s moved into temporarily) we have no mortgages. My spouse wants money and wants to divide everything 1/2. However that gets rid of my income and home and means that I am reliant on him for maintenance which will absolutely not
Be forthcoming.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. The main thing to have in mind before a mediation is to have a game plan of what you want from the mediation. In your case, you have a game plan because it is predicated upon retaining your income by retaining the family home in your sole name and preserving your income, even if this means forsaking child maintenance into the future. So, you have a large part of the game plan worked out. However, you should have a fallback option which you can offer if your initial offer gets refused. In your question, your foresee that your spouse might not be acceptable to this, so you need some alternative proposal to seal an acceptable resolution to the divorce. Additionally, I would advise you to get yourself a solicitor to represent you. Whilst this is not essential, it helps to have someone who is experienced guide you in making your decisions in a mediation because the law is the backdrop to all the negotiations in the mediation.

2. Dear Allison, the four key ideas in a family or divorce mediation are the family home, maintenance (spousal and child), and property adjustment orders (which covers all properties) as well as pension rights because there is a pension property here. You will be entitled to a share in his pension pot based upon the number of years you have been married to him. Finally, you should have worked out some child custody and access arrangements.

3. If you require clarification, I will be happy to help. Thank you for using the website. Please use the buttons at the top of the screen to rate or accept the answer as unless you do so your Expert remains unpaid by the website despite answering your question.

Customer: replied 1 year ago.
thank you. But in terms of my wuestion. What do I need to bring to the mediation space? Statement of means? Tax clearance carts? What?

4. You don't need to bring anything to the mediation except a Statement of Means. This should be set out in the Affidavit of Means each of you swears in advance fo the mediation as this is the basis upon which you run the mediation. If you haven't sworn an Affidavit of Means, I would suggest you get a solicitor and swear one and get your husband to swear one as well. Additionally, you should bring any supporting documentation about any points you disagree with your husband's Affidavit of Means and which might change the outcome of the Mediation.

5. There is no need for Tax Clearance Certificates. Essentially, there is nothing being vouched. A mediation is simply a first attempt at resolving the issues surrounding a divorce and the important issue is that a dialogue starts around what will end the marriage.

Customer: replied 1 year ago.
Ok so a statement of means includes what I own and what I owe and running costs of raising kids house now and projected costs going forward? I need to justify the whole house iAs a final settlement as opposed to getting € on the drip. My statement of means right now may not be
The
Same as
Next year. I have a disabled child and I want to ensure he is sorted. Sorry about q’s
Customer: replied 1 year ago.
Hi all ok? Did the € for
Call go through ok?

6. An Affidavit of Means is a sworn statement setting out all your assets and income. The reason both you and your husband should have sworn an Affidavit of Means before the mediation is that it ensures a level and transparent negotiating field. So, you miss the point if you are only talking about a Statement of Means. You essentially need to start the divorce procedure and swear an Affidavit of Means to ensure you are entering into a fair and transparent mediation.

7. It goes without saying that your financial situation might change in the next year. However, that should not preclude you knowing what both your own situation and that of your husband's is transparent.

8. Be aware that I don't Offer the Live Phone Service.

Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok this has been super helpful. Thank you for your help and advice. Have a nice evening.