Amicable Separation Agreement Template for Ireland

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Key Requirements PROMPT example:

Amicable Separation Agreement

"Need an Amicable Separation Agreement for a childless couple separating from January 2025, with focus on dividing a jointly-owned business and investment portfolio, plus arrangements for the family home in Dublin."

Document background
The Amicable Separation Agreement is a vital legal instrument in Irish family law, used when married couples or civil partners decide to separate by mutual consent without immediately pursuing divorce. This document becomes relevant when couples have reached agreement on key aspects of their separation and wish to formalize these arrangements in a legally binding manner. It typically includes comprehensive provisions for financial matters, property division, maintenance arrangements, and where applicable, children's matters, all within the framework of Irish legislation. The agreement must comply with the Judicial Separation and Family Law Reform Act 1989 and related family law statutes, and usually requires both parties to obtain independent legal advice. It serves as a foundation for the parties' future relationship and can be referenced in subsequent divorce proceedings if they occur.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement

2. Background: Brief history of the marriage/relationship, date of separation, and current living arrangements

3. Definitions: Definitions of key terms used throughout the agreement

4. Living Arrangements: Details of current and future living arrangements, including any agreed restrictions on residence

5. Financial Provisions: General financial arrangements including maintenance, bill payments, and tax matters

6. Property Division: Division of the family home and other real property

7. Personal Property: Division of personal possessions, vehicles, and household items

8. Debts and Liabilities: Allocation of responsibility for existing debts and future liabilities

9. Banking and Financial Accounts: Agreement on division and management of joint accounts and financial products

10. Confidentiality: Provisions regarding privacy and confidentiality of the agreement and family matters

11. Future Divorce Proceedings: Agreement on how this separation agreement will be treated in any future divorce

12. Governing Law: Confirmation that the agreement is governed by Irish law

13. Execution: Signature provisions and witnessing requirements

Optional Sections

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

2. Pension Arrangements: Required when either party has pension assets that need to be addressed

3. Business Interests: Included when either party owns or has interests in business ventures

4. Inheritance Rights: Used when parties wish to address future inheritance rights explicitly

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

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

7. Religious Obligations: Included when religious aspects of separation need to be addressed

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

9. Future Dispute Resolution: Optional provisions for handling future disputes through mediation or arbitration

Suggested Schedules

1. Schedule A - Family Home: Detailed description of the family home and agreed arrangements

2. Schedule B - Personal Property Inventory: Comprehensive list of personal property and their agreed division

3. Schedule C - Financial Assets: Detailed list of all financial assets and their agreed division

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

5. Schedule E - Maintenance Calculations: Detailed breakdown of maintenance calculations and payment arrangements

6. Schedule F - Joint Debts: Comprehensive list of all joint debts and liabilities

7. Appendix 1 - Financial Disclosure: Summary of both parties' financial positions at separation

8. Appendix 2 - Legal Advice Certificates: Certificates confirming independent legal advice received by both parties

Authors

Alex Denne

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

Relevant legal definitions
Clauses
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Family Law

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Family Law Solicitor

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Associate Solicitor

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Financial Advisor

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Pension Advisor

Family Law Paralegal

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Commissioner for Oaths

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Divorce Coach

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Industries
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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