Republic of Ireland Law
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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.
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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.
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.
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