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Deed Of Separation

Deed Of Separation Template for Ireland

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Key Requirements PROMPT example:

Deeds Of Separation

"I need a Deed of Separation for a couple with two minor children, including arrangements for the family home in Dublin, shared custody, and maintenance payments starting from March 2025, with specific provisions for private school education."

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Document background
Deeds of Separation are essential legal instruments in Irish family law used when married couples decide to live separately but are not yet pursuing or eligible for divorce. These deeds serve as formal agreements documenting the terms of separation, including property division, financial arrangements, maintenance obligations, and child custody where relevant. The document must comply with Irish legislation, particularly the Family Law Act 1995, Family Home Protection Act 1976, and related statutes. Deeds of Separation are particularly important in Ireland due to the constitutional requirements regarding divorce, which include a mandatory separation period. The deed provides legal protection for both parties during separation and can later serve as the foundation for divorce proceedings. It should be drafted with careful consideration of tax implications, pension rights, and future asset acquisition.
Suggested Sections

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

2. Background: States the marriage details, reason for separation, and intention to live apart

3. Definitions: Defines key terms used throughout the deed

4. Living Apart: Details the agreement to live separately and independently

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

6. Financial Arrangements: Details of financial settlement, including division of assets and liabilities

7. Maintenance: Provisions for spousal maintenance and any agreed payments

8. Future Legal Proceedings: Agreement regarding future divorce proceedings and using this deed as basis

9. Tax Matters: Provisions regarding tax implications and responsibilities

10. General Provisions: Including governing law, entire agreement, and modification clauses

11. Execution: Signature blocks and witness requirements

Optional Sections

1. Children Arrangements: Used when the couple has children, covering custody, access, and child maintenance

2. Pension Arrangements: Required when pension rights need to be addressed

3. Business Interests: Used when either party has business interests that need to be addressed

4. Inheritance Rights: Optional section renouncing inheritance rights

5. Insurance Policies: Used when there are life insurance or other policies to be addressed

6. Confidentiality: Optional provisions regarding privacy and confidentiality of the agreement

7. Pets: Used when arrangements need to be made regarding family pets

8. Future Property: Optional provisions regarding property acquired after separation

Suggested Schedules

1. Schedule 1: Assets and Liabilities: Comprehensive list of all joint and individual assets and liabilities

2. Schedule 2: Family Home Details: Details of the family home including ownership, mortgage, and agreed arrangements

3. Schedule 3: Personal Property Division: List of personal property and agreed division between parties

4. Schedule 4: Financial Disclosure: Detailed financial disclosure from both parties

5. Schedule 5: Maintenance Calculations: Details of how maintenance payments were calculated

6. Appendix A: Children's Arrangements: Detailed parenting plan and access arrangements if applicable

7. Appendix B: Important Documents: Copies of relevant certificates, property deeds, and other important documents

Authors

Alex Denne

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

alex.den.21@genieai.co
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