I need help. I’m a farmer’s wife and I want to get a divorce. I am unable to exercise my rights because I cannot afford a solicitor because I am slightly over the means for free legal aid and I have no savings, as all my wages went into the upkeep of the family home, bills and I was the sole carer of the children of the marriage. What avenues are available to me in order to get a divorce?
There are three different options open to you where you want to end a marriage; a separation agreement, a judicial separation and a divorce. I will confine my response to the circumstances giving rise to a divorce as this is what you have queried, though it is worth highlighting the other options available.
Mediation is a voluntary option, but a solicitor always advises it to begin with. If it works, it spares a lot of conflict in the court. Even if mediation doesn’t work it is viewed positively by the court that you tried it.
Divorce
When a court grants the decree of divorce, the court may also make orders in relation to custody of children and access to them, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights and what is to happen to the family home.
Before a court can grant a divorce, the following conditions must be met:
The couple must have been living apart from one another for at least two out of the previous three years before the application is made. Before 1 December 2019, this was four out of the previous five years. There must be no reasonable prospect of reconciliation.Proper arrangements must have been made or will be made for the spouse and any dependent members of the family such as children and other relatives.Living apart
The Family Law Act 2019 clarifies that spouses who live in the same home as one another are considered to be living apart if the spouses are not living together as a couple in an intimate and committed relationship. The act also sets out that a relationship does not cease to be an intimate relationship merely because the relationship is no longer sexual in nature.
Either party to a marriage may apply for a decree of divorce. When applying for a divorce you must submit an application form that describes the situation and a sworn statement of means. This document sets out your assets, your income, your debts, your liabilities and your outgoings. Your husband will also have to disclose his means.
Legal advice and representation
Legal advice and representation are always advisable. Initially it would be worth contacting your local Free Legal Advice Centre (www.flac.ie). FLAC is an independent, voluntary organisation that operates a network of legal advice clinics throughout the country. These clinics are confidential, free of charge and open to all. They are a very good first step to get initial advice on your rights. Thereafter, you could apply for legal aid.
There are separate arrangements for legal aid depending on whether your legal issue is a criminal or a civil matter
If you have a low income or are reliant on social welfare and you need help with a legal matter, such as advice or representation in court, you can apply for assistance from the State – this is called legal aid.
There are separate arrangements for legal aid depending on whether your legal issue is a criminal or a civil matter. Divorce would be considered a civil matter.
If you qualify for legal aid, you will have to make some contribution to the overall costs of the proceedings.
How much you pay will depend on your means. In order to qualify for legal aid you must pass both a means test and a merit test.
The merit test is an initial test to ensure that your case is a legitimate one and that a reasonable person would take the case and would be advised to take the case.
Some practical advice
Try to keep access to children out of the courts – try and agree it between yourselves. It is advisable that you stay in the family home as it would be more difficult to get back living in the family home if you have already moved out. A judge is unlikely to put the wife out of the family home if there are children involved.
You can make an application to the court for an order of discovery if he is unwilling to provide all or part of his financial information
If you are struggling financially, it is advisable that you make an application to the district court for maintenance as it may be two years before the divorce is agreed, which is too long to wait for maintenance or a lump sum payment.
In some circumstances people go for a separation agreement first as it is available sooner, often this leads to a consent divorce which is easier and cheaper on all involved.
You can make an application to the court for an order of discovery if he is unwilling to provide all or part of his financial information.
Outside of the divorce proceedings, it is important to highlight the fact that if you invested some of your money in upkeep of home etc and you may be able to claim a propriety interest in the family home.
There is also the benefit afforded to non-owning spouses of the family home under the Family Home Protection Act. Look after yourself and your own mental health and counselling might be advisable in achieving this.
Disclaimer: the information in this article is intended as a general guide only. While every care is taken to ensure accuracy of information contained in this article, Aisling Meehan of Agricultural Solicitors does not accept responsibility for errors or omissions howsoever arising. Email info@agrisolicitors.ie
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I need help. I’m a farmer’s wife and I want to get a divorce. I am unable to exercise my rights because I cannot afford a solicitor because I am slightly over the means for free legal aid and I have no savings, as all my wages went into the upkeep of the family home, bills and I was the sole carer of the children of the marriage. What avenues are available to me in order to get a divorce?
There are three different options open to you where you want to end a marriage; a separation agreement, a judicial separation and a divorce. I will confine my response to the circumstances giving rise to a divorce as this is what you have queried, though it is worth highlighting the other options available.
Mediation is a voluntary option, but a solicitor always advises it to begin with. If it works, it spares a lot of conflict in the court. Even if mediation doesn’t work it is viewed positively by the court that you tried it.
Divorce
When a court grants the decree of divorce, the court may also make orders in relation to custody of children and access to them, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights and what is to happen to the family home.
Before a court can grant a divorce, the following conditions must be met:
The couple must have been living apart from one another for at least two out of the previous three years before the application is made. Before 1 December 2019, this was four out of the previous five years. There must be no reasonable prospect of reconciliation.Proper arrangements must have been made or will be made for the spouse and any dependent members of the family such as children and other relatives.Living apart
The Family Law Act 2019 clarifies that spouses who live in the same home as one another are considered to be living apart if the spouses are not living together as a couple in an intimate and committed relationship. The act also sets out that a relationship does not cease to be an intimate relationship merely because the relationship is no longer sexual in nature.
Either party to a marriage may apply for a decree of divorce. When applying for a divorce you must submit an application form that describes the situation and a sworn statement of means. This document sets out your assets, your income, your debts, your liabilities and your outgoings. Your husband will also have to disclose his means.
Legal advice and representation
Legal advice and representation are always advisable. Initially it would be worth contacting your local Free Legal Advice Centre (www.flac.ie). FLAC is an independent, voluntary organisation that operates a network of legal advice clinics throughout the country. These clinics are confidential, free of charge and open to all. They are a very good first step to get initial advice on your rights. Thereafter, you could apply for legal aid.
There are separate arrangements for legal aid depending on whether your legal issue is a criminal or a civil matter
If you have a low income or are reliant on social welfare and you need help with a legal matter, such as advice or representation in court, you can apply for assistance from the State – this is called legal aid.
There are separate arrangements for legal aid depending on whether your legal issue is a criminal or a civil matter. Divorce would be considered a civil matter.
If you qualify for legal aid, you will have to make some contribution to the overall costs of the proceedings.
How much you pay will depend on your means. In order to qualify for legal aid you must pass both a means test and a merit test.
The merit test is an initial test to ensure that your case is a legitimate one and that a reasonable person would take the case and would be advised to take the case.
Some practical advice
Try to keep access to children out of the courts – try and agree it between yourselves. It is advisable that you stay in the family home as it would be more difficult to get back living in the family home if you have already moved out. A judge is unlikely to put the wife out of the family home if there are children involved.
You can make an application to the court for an order of discovery if he is unwilling to provide all or part of his financial information
If you are struggling financially, it is advisable that you make an application to the district court for maintenance as it may be two years before the divorce is agreed, which is too long to wait for maintenance or a lump sum payment.
In some circumstances people go for a separation agreement first as it is available sooner, often this leads to a consent divorce which is easier and cheaper on all involved.
You can make an application to the court for an order of discovery if he is unwilling to provide all or part of his financial information.
Outside of the divorce proceedings, it is important to highlight the fact that if you invested some of your money in upkeep of home etc and you may be able to claim a propriety interest in the family home.
There is also the benefit afforded to non-owning spouses of the family home under the Family Home Protection Act. Look after yourself and your own mental health and counselling might be advisable in achieving this.
Disclaimer: the information in this article is intended as a general guide only. While every care is taken to ensure accuracy of information contained in this article, Aisling Meehan of Agricultural Solicitors does not accept responsibility for errors or omissions howsoever arising. Email info@agrisolicitors.ie
Read more
Legal query: will a Green Cert reduce my inheritance tax?
Succession: preparing for the six Ds
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