Separation agreements can be an effective and inexpensive way to deal with things. However, the terms of the agreement must be fair and the parties must be able to fully understand to negotiate the agreement and then implement it when it is ready. Also note that the courts can maintain a verbal agreement if, as in Thomson/. Young, 2014 BCSC 799, there is evidence that both parties clearly understood the essential terms of the agreement and intended to be bound by those conditions. But there are often disagreements between the parties as to whether an oral agreement should be final and binding, so it is preferable to confirm oral agreements in a written separation agreement. Although the reasons for applying for separation are different, there are a few that are worth mentioning. Some religions prohibit divorce to married couples; a separation of bodies grants most of the benefits of a divorce without undermining religious principles. Even those who are unsure of their marital future can opt for a separation without dissolution, in the hope of reconciliation. Couples with minor children often cite that separation is more ideal for their children than divorce. Although the parents act as a separate unit, the family can remain united, with stability and order largely preserved.
Other reasons for choosing this plan are the maintenance of health and pension benefits. If the children are involved, it may be a good idea to expect each party to maintain life insurance until all children have reached full strength. Each policy designates the other parent as the sole beneficiary of the Trust for the Good of Children policy, to ensure that children are cared for in the event of death of one of the two parties. Most insurance agreements allow parties to change the beneficiaries of their policies as soon as the youngest child is 19 years old. If you are considering splitting up, then a separation agreement can help you resolve issues in the areas of custody, maintenance and family wealth, instead of having to go to court to resolve such problems. This way, you avoid costly lawsuits. If you and your partner have been separated for two years and are satisfied with the terms of the separation, the agreement may be the basis for your divorce or dissolution of the partnership if you wish to continue. It can be considered a draft order that must be submitted to the Tribunal after divorce/dissolution. Prior to the introduction of the Judicial Separation and Family Law Reform Act in 1989, the only means of judicial separation in the Republic of Ireland was to obtain a divorce decree in mensa and thoro. This can only be obtained for adultery, cruelty or ”unsealed practices” (a term that has never been defined by the legislature or the courts).
Judicial separation after 1989 is possible for one of the six reasons that emerge from the balance of probabilities: a separation agreement must therefore be in accordance with certain basic rules, including these: the potential subjects of a separation agreement are limited only by common sense and what the law allows.