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No Fault Separation Agreement Template for Ireland

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Key Requirements PROMPT example:

No Fault Separation Agreement

"I need a No Fault Separation Agreement for a couple with significant international assets, including property in both Ireland and Spain, plus pension arrangements in multiple jurisdictions, with the separation planned to take effect from March 2025."

Document background
The No Fault Separation Agreement is a crucial legal document used in Irish family law when married couples decide to separate amicably without assigning blame to either party. It serves as a comprehensive contract that establishes the terms of separation while complying with Irish legislation, particularly the Family Law (Separation and Reform) Act 1989 and related statutes. This document is typically used when couples wish to formalize their separation without immediately pursuing divorce, requiring both parties to receive independent legal advice before signing. It covers essential aspects such as asset division, maintenance arrangements, living arrangements, and child custody if applicable, while providing flexibility to accommodate future changes in circumstances. The agreement can later serve as a foundation for divorce proceedings after the statutory separation period required under Irish law.
Suggested Sections

1. Parties: Identifies the separating spouses and their current residential addresses

2. Background: States the marriage date, last cohabitation date, and intention to live separately

3. Definitions: Defines key terms used throughout the agreement

4. Living Separate and Apart: Confirms the parties' right to live separately and details non-interference provisions

5. Family Home: Addresses the occupation, ownership, or disposal of the family home

6. Division of Assets: Sets out the agreed division of joint assets and personal property

7. Financial Arrangements: Details ongoing financial obligations, maintenance payments, and tax arrangements

8. Acknowledgment of Independent Legal Advice: Confirms both parties have received independent legal counsel

9. Future Divorce Proceedings: Addresses the potential for future divorce and the status of this agreement

10. Governing Law: Specifies Irish law as governing the agreement

11. General Provisions: Contains standard clauses about modification, severability, and entire agreement

12. Execution: Signature blocks and witness provisions

Optional Sections

1. Children Arrangements: Required if the couple has children - covers custody, access, and child maintenance

2. Pension Arrangements: Required if either party has pension assets to be divided

3. Business Interests: Required if either party owns a business or has business interests

4. Debts and Liabilities: Required if there are significant joint debts to be addressed

5. Insurance Policies: Required if there are life insurance or other policies to be maintained or divided

6. Inheritance Rights: Optional section waiving future inheritance rights

7. Pets: Required if there are pets whose custody needs to be determined

8. Foreign Assets: Required if either party has assets in other jurisdictions

9. Confidentiality: Optional section for couples wanting privacy provisions

Suggested Schedules

1. Schedule A - Family Home Details: Details of the family home including mortgage information and agreed disposition

2. Schedule B - Asset Inventory: Comprehensive list of all assets being divided, including values

3. Schedule C - Financial Disclosure: Complete financial disclosure from both parties

4. Schedule D - Maintenance Calculations: Detailed breakdown of maintenance calculations and payment schedule

5. Schedule E - Children's Arrangements: Detailed parenting schedule and specific arrangements for children

6. Schedule F - Pension Details: Details of pension arrangements and division

7. Appendix 1 - Certificate of Independent Legal Advice: Certificates from each party's solicitor confirming independent legal advice

8. Appendix 2 - Property Valuations: Professional valuations of significant assets

9. Appendix 3 - Tax Implications Statement: Statement outlining the tax implications of the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ 红杏直播 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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