My wife kicked me out and moved her new husband into my family home, now I’m worried that in the divorce she will get part of the farm

A few months ago my wife told me that she was having an affair and that I had to leave the family home because the man she was seeing was moving in.

I was shocked and angry and initially refused to go, but the atmosphere became unbearable so I started staying with my parents.

My wife’s new partner lives with her in my family home and has no intention of leaving. She has filed for divorce and wants the house and a few acres of land.

We are in the west of Ireland and the farm is less than 100ac. A lot of it isn’t as productive, and I’m concerned that sharing it will make it even less productive and I won’t be able to support myself or my family, or pay child support if I have to.

What options do I have?

answer

First, I recommend that you contact a family law attorney as soon as possible.

It seems that your wife does not have the right to file for divorce because you have not been separated for two years.

If normal marital relations have not existed in the past 12 months, she could apply for a judicial separation, but the legislation is clear: they must be separated for two years before an application for divorce can be made.

Even if you feel uncomfortable, you should be aware that Ireland has a no-fault divorce/separation system. So your wife must not be punished financially for having an affair.

The only conduct considered by the courts that can punish a party is “gross and flagrant” cruelty or financial misconduct (e.g., failure to disclose an asset in a proceeding).

I recommend that you try mediation in hopes of reaching an agreement with your wife on any issues arising out of your marriage’s breakdown.

If this succeeds, you save considerable legal fees and avoid unnecessary process stress.

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Probable outcome in court

Here’s an indication of a likely outcome if the matter went to court. This could also form the basis for your negotiations in mediation:

Any assets that either of you have (including livestock, machinery and pensions) must be disclosed and valued and will be included in the asset allocation.

They relate to your family. Do you and your wife have dependent children?

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No children

First of all, I’ll assume that you don’t have children and that your wife didn’t work on the farm but works somewhere else. In this scenario, a court will likely order her to vacate the house after receiving a lump sum from you.

The court would take into account that the marriage is short and that the assets come from your family.

You could be ordered to pay your wife between one-third and one-half the value of the home’s equity, which you may have to borrow through a mortgage or loan.

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dependent children

Assuming you have dependent children living with your wife in the family household, a judge will consider what arrangements are in their best interests.

This can result in the judge allowing your wife and children to remain in the family home until the youngest is no longer dependent – ​​children are dependent until the age of 18; and if in full-time education, up to the age of 23, provided they have no special needs.

At that point the house could be sold and the proceeds shared.

If you are worried about the well-being of the children while the wife’s new partner lives with them, you can try to appoint a psychologist who will assess the situation and make recommendations for the court about what living and access arrangements would be in the best interests of the children.

Depending on the circumstances, a court may determine that it is in the children’s best interests for you to be made their primary legal guardian and order your wife to leave the family home.

The issue of maintenance would depend on a variety of factors. If your wife isn’t working, you may have to pay her spousal support, but you’ll get tax relief on it and it’s taxable in her hands.

You must pay maintenance for your children if they live with your wife.

Your concerns about the division of the farm are valid and would need to be backed up by a report from an agricultural adviser and surveyor.

A court is unlikely to apportion a farm that would render it unproductive when it generates income for the family and can provide for other assets such as the family home.

The final outcome will depend on the specific details of your case, so consult an attorney as soon as possible.

Ailbhe Burke is a solicitor with MacSweeney & Co, 22 Eyre Square, Galway.