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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13119
Experience:  Barrister 17 years experience
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My sister has been legally separated for nearly 20 years

Customer Question

Hi, my sister has been legally separated for nearly 20 years now. Her husband has requested a divorce as he wants to remarry. Her children have put pressure on her to not sign it as they do not want this second marriage to go ahead. What will happen if she doesn't sign it?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: I don't actually know. I know he has the papers for her to sign. They went through the courts for the legal separation and the youngest child is now 34 so nothing to sort out in terms of that.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: He lives in Dublin
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so...
Submitted: 22 days ago.
Category: Republic of Ireland Law
Expert:  Virtual-mod replied 21 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 21 days ago.
I'm happy to wait
Expert:  Buachaill replied 20 days ago.

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

Expert:  Buachaill replied 20 days ago.

1.  The bot***** *****ne in this situation is that the husband can simply go to court and seek a divorce from the court.  There is no need that an agreement be signed.  It just means the issue of a divorce gets litigated.  So, your sister should really concern herself with whether she wishes to litigate the issue of divorce and whether the terms of the settlement offered by her husband are good enough that she is satisfied to settle upon those terms.  Essentially, a court will not lock a person, such as the husband, into a marriage.  So, a divorce will be granted should be seek one in court.

Expert:  Buachaill replied 20 days ago.

2.  If you require any clarification or if there is any issue arising from the answer, I am happy to provide further assistance in the resolution of the question.