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Separation Agreement Template (Ireland)

A separation agreement records the terms on which a married couple or civil partners agree to live apart in Ireland. Our free template covers maintenance, children, the family home, pensions and succession, drafted for use alongside the Family Law Act 1995 and the Judicial Separation and Family Law Reform Act 1989.

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DEED OF SEPARATION
Ireland — Family Law Act 1995
SPOUSE 1
Seán Murphy
22 Merrion Square, Dublin 2, D02 EF12
By: PPSN: 1234567T
SPOUSE 2
Siobhán Murphy
5 Ranelagh Road, Dublin 6, D06 WK90
By: PPSN: 7654321W
Married: 12 September 2010 · Church of the Sacred Heart, Donnybrook, Dublin 4
Separated: 1 January 2026 · Effective: 15 April 2026
This Deed of Separation ("Deed") is entered into as of 15 April 2026 between Seán Murphy ("Spouse 1") and Siobhán Murphy ("Spouse 2"), collectively the "Parties." The Parties were married on 12 September 2010 at Church of the Sacred Heart, Donnybrook, Dublin 4 and have been living separate and apart since 1 January 2026. This Deed is executed as a deed in accordance with the Family Law Act 1995 (FLA 1995) s. 8 and is intended to be legally binding and enforceable. Both Parties confirm they have had the opportunity to seek independent legal advice before executing this Deed.
1.
SEPARATION
The Parties acknowledge and agree that they have been living separate and apart since 1 January 2026. From the date of this Deed, each Party is free to live as they choose, subject to the provisions hereof. This Deed constitutes a Deed of Separation within the meaning of the Family Law Act 1995 s. 8. This Deed does not dissolve the marriage; the Parties remain legally married until a decree of divorce is obtained. Nothing in this Deed prevents either Party from subsequently applying for a divorce under the Family Law (Divorce) Act 1996 (FLD 1996), and the Parties may agree at that time that the terms of this Deed be incorporated into any divorce order.
2.
NO MOLESTATION
Each Party undertakes not to molest, interfere with, or communicate with the other Party in a manner that is unwelcome or constitutes harassment, save as expressly permitted by this Deed or required for communication about their children. Neither Party shall attend at the other Party's residence or place of work except by prior arrangement. This clause is without prejudice to either Party's right to apply for an interim barring order or safety order under the Domestic Violence Act 2018 if circumstances require.
3.
FAMILY HOME
Siobhán Murphy shall retain the Family Home situate at 12 Foxrock Park, Dublin 18, D18 TN22 and shall be solely responsible for all financial obligations associated therewith, including mortgage repayments, property taxes, insurance, and maintenance. Siobhán Murphy shall use reasonable endeavours to procure the release of Seán Murphy from any mortgage or joint obligation relating to the Family Home within sixty (60) days of execution of this Deed. Seán Murphy irrevocably consents to this arrangement as required by the FHPA 1976 and shall execute any necessary transfers or consents.
4.
FINANCIAL MAINTENANCE
Seán Murphy shall pay to Siobhán Murphy the sum of EUR 1,500.00 per month as periodical maintenance payments (the "Maintenance"), commencing on the first payment date following the execution of this Deed. Maintenance shall continue for Until the death of either Party or the remarriage of Spouse 2, whichever occurs first. This provision is made pursuant to the Family Law Act 1995 s. 13, which empowers the court to make periodical payments orders; the parties agree that this Deed shall operate as a binding agreement on maintenance and that either party may apply to the Circuit Family Court to have these terms made a rule of court.

Payments shall be made by bank transfer to the bank account nominated by Siobhán Murphy in writing. Maintenance shall be reviewed annually and adjusted by reference to the annual change in the Consumer Price Index (CPI) as published by the Central Statistics Office (CSO). The first review shall take place on the first anniversary of this Deed.
5.
LUMP SUM PAYMENT
Seán Murphy shall pay to Siobhán Murphy the sum of EUR 20,000.00 as a lump sum payment within thirty (30) days of execution of this Deed. This payment is made in full and final settlement of Siobhán Murphy's financial claims arising from the marriage, save as expressly preserved in this Deed. This lump sum is not subject to maintenance variation and is a once-off payment.
6.
BANK ACCOUNTS AND JOINT FINANCES
The Parties agree to deal with their joint bank accounts and financial assets as follows:

Joint AIB current account (Account No. ending 4421) to be closed within 30 days and balance divided equally.
Joint savings account at Bank of Ireland to be closed and balance paid to Spouse 2.

Each Party shall be solely responsible for any financial products, accounts or obligations registered in their sole name from the date of this Deed.
7.
JOINT DEBTS
The Parties agree to allocate responsibility for their joint debts and liabilities as follows:

Mortgage on family home to be assumed solely by Spouse 2.
Visa credit card (ending 9912) balance of approx. EUR 3,500 assumed by Spouse 1.
Revolving line of credit at Ulster Bank assumed by Spouse 1.

Each Party shall indemnify and hold harmless the other in respect of any debt, obligation or liability allocated to them under this Deed.
8.
CHILDREN
The Parties agree that the following arrangements shall apply to any children of the marriage:

Primary residence with Spouse 2. Spouse 1 to have alternate weekend access and every Wednesday overnight. See separate Child Custody Agreement.

Both Parties agree to act at all times in the best interests of the children as the paramount consideration, consistent with the Guardianship of Infants Act 1964 s. 3 as amended by the CFRA 2015, and to support a positive relationship between the children and both parents.
9.
CHILDREN'S EDUCATION
The Parties agree the following in relation to the schooling and education of the children: Children to remain at their current schools. Any change of school requires written consent of both Parties.. Any material change to the children's schooling shall require the agreement of both Parties as joint guardians under the GIA 1964.
10.
PENSIONS
Each Party shall retain sole entitlement to their own pension scheme(s) and no claim shall be made by either Party in respect of the other's pension under this Deed. The Parties acknowledge that either Party may in future apply to court for a pension adjustment order under the Family Law Act 1995 Part III if they consider it appropriate to do so.
11.
HEALTH INSURANCE
Each Party shall be responsible for arranging and funding their own health insurance from the date of this Deed.
12.
INCOME TAX
The Parties agree to notify the Revenue Commissioners of their separation and to elect to be assessed to income tax as single persons with effect from the date of this Deed (or from the beginning of the tax year in which separation occurred, if more favourable). Each Party shall be responsible for their own tax affairs from the date of this Deed. Neither Party shall make any claim against the other in respect of income tax or other tax liabilities arising after the date of this Deed.
13.
WILLS
Both Parties are advised and acknowledge that they should each review and update their respective wills following the execution of this Deed. Under the Succession Act 1965 s. 111, a surviving spouse is entitled to a legal right share of the deceased spouse's estate unless it has been renounced. The Parties are advised to obtain independent legal advice on the legal right share and to consider executing deeds of renunciation if appropriate. Neither Party has renounced their legal right share by virtue of this Deed alone.
14.
PROPERTY TRANSFER — STAMP DUTY AND REGISTRATION
The transfer of the family home or any other property between the Parties pursuant to this Deed shall be exempt from stamp duty under the Stamp Duties Consolidation Act 1999 s. 96, provided the conditions for the exemption are met (including that the property is the principal private residence and the transfer is in accordance with a separation agreement). The Parties shall cooperate in making any necessary filings with Revenue and in registering the transfer with the Property Registration Authority (PRA) to ensure the transfer is effective against third parties. Each Party shall bear their own legal costs in connection with the property transfer unless otherwise agreed.
15.
FULL AND FINAL SETTLEMENT
Subject to the express terms of this Deed, each Party fully and finally releases the other from all past, present and future claims arising from the marriage or its breakdown, including claims for property division, financial provision and maintenance, save for any ongoing obligations expressly set out in this Deed. This Deed shall remain in full force and effect unless and until it is set aside by a court of competent jurisdiction. Court proceedings in respect of matters settled by this Deed are stayed for so long as this Deed remains in force, unless either Party is in material breach.
16.
REVIEW
The Parties agree to review the financial provisions of this Deed within two (2) years of execution, or on the occurrence of a material change of circumstances (including remarriage, cohabitation for more than twelve months, a significant change in income, or a change in the children's arrangements). Any agreed variation shall be made in writing and signed by both Parties as a deed.
17.
GOVERNING LAW AND JURISDICTION
This Deed shall be governed by and construed in accordance with the laws of Ireland. The Circuit Family Court (or the High Court where appropriate) shall have jurisdiction in relation to all matters arising under or in connection with this Deed, including applications to enforce or vary any provision hereof, under the Family Law Act 1995 and associated legislation.
18.
GENERAL PROVISIONS
Deed: This Deed is executed as a deed and is intended to be legally binding upon the Parties and their respective heirs, personal representatives, and assigns. Entire Agreement: This Deed constitutes the entire agreement between the Parties in relation to the matters set out herein and supersedes all prior negotiations and agreements. Amendment: No amendment shall be valid unless made in writing and executed as a deed by both Parties. Severability: If any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force. Independent Legal Advice: Both Parties confirm they have had the opportunity to obtain independent legal advice (ILA) prior to executing this Deed and understand its effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.
SPOUSE 1
Seán Murphy
Date: ____________________
SPOUSE 2
Siobhán Murphy
Date: ____________________

What Is a Separation Agreement?

A separation agreement (sometimes called a deed of separation) is a written agreement between spouses or civil partners who decide to live apart without divorcing. It records the financial, property and parenting arrangements that will apply during the separation and can set the foundation for a later divorce or dissolution.

In Ireland, separation agreements operate within the framework of the Family Law Act 1995, the Judicial Separation and Family Law Reform Act 1989, the Family Law (Divorce) Act 1996 and the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. Unlike in some jurisdictions, parties can agree a separation by contract without going to court (known as a "deed of separation"), or they can apply for a judicial separation under the 1989 Act.

A deed of separation is a private contract that is binding on the parties. It can be enforced in the Circuit Court, and many of its terms can be made a rule of court to give them the force of a court order. The agreement typically deals with maintenance, the family home, pensions, property, children’s arrangements, succession rights and other financial matters.

What's Covered in This Template

The template covers the essential matters separating couples in Ireland typically need to agree.

Parties and Background

Names, addresses, marriage or civil partnership details, and date of separation.

Living Apart

Confirmation that the parties are living separate and apart.

The Family Home

Arrangements for occupation, sale or transfer of the family home.

Maintenance

Spousal maintenance (if any) and child maintenance in euro.

Property Division

Division of savings, investments, vehicles and other assets.

Pensions

Pension adjustment orders and agreed treatment of pension rights.

Debts and Liabilities

Responsibility for joint and individual debts.

Children’s Arrangements

Custody, access, maintenance and parental decision-making.

Succession Rights

Renunciation of inheritance rights under the Succession Act 1965.

Non-Molestation

Each party agrees not to molest, interfere with or harass the other.

Dispute Resolution

Mediation under the Mediation Act 2017 before court applications.

Legal Advice

Confirmation that each party has received independent legal advice.

How to Create a Separation Agreement

Draft a comprehensive Irish separation agreement with our guided form.

  1. 1

    Enter Personal and Marriage Details

    Provide names, addresses, date of marriage or civil partnership and date of separation.

  2. 2

    Agree the Family Home and Property

    Decide whether the family home will be sold, transferred or retained, and divide other property.

  3. 3

    Set Maintenance and Pensions

    Agree spousal and child maintenance in euro and the treatment of pension rights.

  4. 4

    Agree Children’s Arrangements

    Set custody, access, decision-making and child-focused communication.

  5. 5

    Take Independent Legal Advice and Sign

    Each party should take independent legal advice before signing the deed of separation.

Legal Considerations in Ireland

Separation in Ireland can be achieved by agreement or by court order, with overlapping property, maintenance and succession implications.

This template is for information only and is not legal advice. Independent legal advice is essential before signing a deed of separation.

Drafted for Irish family law

Deed of Separation vs Judicial Separation

A deed of separation is a private contract between the spouses and is binding once signed. Judicial separation under the Judicial Separation and Family Law Reform Act 1989 requires an application to the Circuit Court and results in a court order. Both routes can deal with maintenance, property and children’s arrangements; divorce under the Family Law (Divorce) Act 1996 requires at least two out of three years of living apart.

Independent Legal Advice

Irish family lawyers and the courts expect each party to have received independent legal advice before signing a deed of separation. Without it, the agreement may be set aside if it is unfair or if there is evidence of undue influence. The Law Society of Ireland publishes guidance on independent legal advice in family law matters.

Succession and Pensions

Succession rights under the Succession Act 1965 (including the legal right share of a surviving spouse) continue unless expressly renounced. Pension adjustment orders under the Family Law Act 1995 and the Pensions Act 1990 may be made by agreement and registered with the pension trustees.

Mediation and Dispute Resolution

The Mediation Act 2017 requires solicitors to advise clients of the benefits of mediation before issuing proceedings. Family mediation is often more effective than litigation and is actively encouraged by the courts.

Frequently Asked Questions

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