A Notary Separation Agreement is a crucial legal document used in Ireland when married couples decide to formally separate but are not yet pursuing divorce. This document type requires notarization to ensure its authenticity and legal validity under Irish law. The agreement covers essential aspects such as property division, financial arrangements, maintenance payments, pension rights, and where applicable, children's custody and access arrangements. It serves as a foundation for future divorce proceedings if the couple later decides to divorce. The document must comply with Irish family law legislation, particularly the Family Law (Separation and Reform) Act 1989 and related statutes. Both parties must receive independent legal advice before signing, and the agreement must be properly executed in the presence of a notary public to be legally binding.
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1. Parties: Identification and details of both spouses entering into the separation agreement
2. Background: Brief history of the marriage, date of separation, and reasons for entering into the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Living Arrangements: Statement of parties' intention to live separately and details of living arrangements
5. Non-Molestation and Non-Harassment: Mutual agreements regarding behavior and interaction between parties
6. Division of Property: Agreement on division of family home, real estate, and other major assets
7. Financial Arrangements: Details of maintenance payments, financial support, and division of financial assets
8. Pensions: Arrangements regarding pension rights and division
9. Debts and Liabilities: Allocation of responsibility for existing debts and future liabilities
10. Tax Matters: Agreement on tax obligations and arrangements
11. Future Legal Proceedings: Agreement regarding future divorce proceedings and use of this agreement
12. Governing Law: Specification that Irish law governs the agreement
13. Execution: Signing requirements and notarization details
1. Children Arrangements: Used when the couple has children - includes custody, access, and maintenance arrangements
2. Business Interests: Required when either party has business interests that need to be addressed
3. Pets: Include when arrangements need to be made for family pets
4. Inheritance Rights: Used when parties wish to address future inheritance rights
5. Foreign Assets: Required when there are assets located outside Ireland
6. Social Media and Privacy: Include when parties wish to address social media behavior and privacy concerns
7. Religious Divorce: Required for couples who need religious divorce arrangements in addition to civil separation
8. Future Dispute Resolution: Optional section specifying mediation or arbitration procedures for future disputes
1. Schedule A - Property Inventory: Detailed list of all property and assets being divided
2. Schedule B - Financial Disclosure: Complete financial disclosure from both parties
3. Schedule C - Maintenance Calculations: Detailed calculations for maintenance payments
4. Schedule D - Children's Arrangements: Detailed parenting plan and access schedule
5. Schedule E - Pension Details: Specific details of pension arrangements and divisions
6. Appendix 1 - Property Valuations: Professional valuations of major assets
7. Appendix 2 - Tax Implications Statement: Statement from tax advisor on implications of asset division
8. Appendix 3 - Legal Advice Certificates: Certificates confirming independent legal advice received by both parties
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