No Agreement on Family Home?

Derek first contacted Easy Divorce in January 2008. He was married to Sharon and had no children. They had not signed a separation agreement and Sharon continued to reside in the family home in Meath.

Derek was anxious to sell the family home so that he could make a clean break. While Sharon had advised she was agreeable to this, she had not assisted actively in any way.

After speaking with Derek he decided that he wanted his divorce to include an order that the family home must be sold immediately with any profits arising from the sale to be split equally. Easy Divorce was able to draft his application to incorporate this. In order to ensure there was no ambiguity, Derek had the property valued and this amount was written into the documentation. Any offer in excess of the valuation would be deemed acceptable.

Easy Divorce lodged Derek’s application in February 2008 with paperwork served on Sharon shortly thereafter. On receipt Sharon retained the advice of a solicitor. No consent was received and Derek sent a 14-day warning notice. This requested that Sharon either consent or lodge a defence. Again no consent was forthcoming. A defence was received. Primary issue was that Sharon wanted a greater portion of any sale profits. As there was very little equity in the property Derek had no issue agreeing to the 60% Sharon required.

Easy Divorce drafted a Terms of Settlement, which was signed by both Sharon and Derek. They finally attended court in late July 2008 and their divorce was granted.

Easy Divorce only charged €500 for their service. Sharon’s fees were almost €4,000. When the property was sold in October 2008, the profits on sale amounted to €10,000 with Sharon’s share being €6,000. Here profits were almost entirely spent on legal fees. This clearly illustrates the benefits of reaching a compromise without intervention from a solicitor.