Ancillary Orders on Judicial Separation and Divorce

Family legislation enables the court to grant a comprehensive range of property and other ancillary orders following the obtaining of a decree of separation. The courts jurisdiction is slightly different for Divorce. On the granting of a decree of divorce the status of the parties as spouses terminates. In addition, the inheritance rights and in some cases pension rights of the former spouses are automatically terminated.

Custody & Access Orders

The welfare of the child is the guiding principle for such orders, both in Judicial Separation and Divorce. Social reports may also be used to aid resolution here.

Orders dealing with Domestic Violence

Interim orders such as a safety order, a barring order or a protection order can be sought.

A divorced spouse remains a spouse for the purposes of relief under the Domestic Violence legislation.

Maintenance Orders

The calculation of how much maintenance is to be paid in any particular case is ultimately a matter for the court to decide and each case will stand on its own facts. The court in each case will attempt to strike a balance and to take into consideration all matters it considers important.

Financial Compensation orders – Judicial Separation only

On the granting of a decree of Judicial Separation the court may make a financial compensation order requiring a spouse to do one or more of the following:

1. Effect a life insurance policy for the benefit of the applicant / dependant family member.

2. Assign such a policy in whole or in part to the other spouse/ dependant family member.

3. Continue to discharge the premiums due on a particular policy.

Pension Orders

Provisions of the relevant legislation dealing with Judicial Separation and Divorce respectively, enable the distribution of pension benefits.

Family Home Orders

The orders which can be in respect of the family home either on separation or divorce are as follows:

• That property can be transferred from one spouse to another or to a dependant family member.
• The settlement of any property for the benefit of either spouse or a dependant family member.

Adjustment Orders in respect of property other than the family home

Property adjustment orders can be made in favour of all kinds of property e.g. stocks, shares, art, livestock, businesses, holiday homes, cars, boats.

Succession Rights Orders

Inheritance law provides that a widow/widower is granted an automatic share of one half of the estate if there are no surviving children of the marriage and one third of the estate if surviving children -regardless of the terms of his or her will. Legislation on Judicial Separation however, provides that a court may extinguish inheritance rights where other ‘adequate and reasonable’ financial provision exists. On divorce the parties have lost their status as spouses and so our not automatically entitled to a share in the deceased’s estate.

Some of the factors to be considered by the court in making Ancillary orders;

• Actual and potential financial resources
• Financial needs, obligations and responsibilities
• Standard of living
• Conduct