Call for clearer guidance on divorce settlements

AN expert in family law has called for Supreme Court guidance on whether financial settlements reached by separating couples can be re-examined by either the husband or wife when they are filing for divorce.

Solicitor Ann FitzGerald, speaking at a seminar on marital breakdown, said a number of High Court decisions since 2002 had shown that “so-called full and final settlement clauses agreed upon at separation stage, are not necessarily binding” and that “further adjustments may be made at the time of divorce or even post-divorce”.

“In order to advise our clients, we urgently require further guidance from the Supreme Court on whether and in what circumstances such cases can be re-opened,” said Ms FitzGerald. She was speaking at a seminar entitled ‘Marital Breakdown: the Tax and Legal Issues’, which took place this week in the Clarion Hotel in Cork.