About separation agreements
The actual agreement drawn up and signed by both parties is often called a ‘Deed of Separation’. When the agreement is signed, it can be made into a rule of court by application to the court. This ensures that all the terms agreed regarding the children can be legally enforced where covered by appropriate legislation.
How to make a separation agreement a rule of court
You must lodge an application in the form of a notice of motion in the relevant Circuit Court office together with the separation agreement and two copies of each document.
The Circuit court office will provide a date for court. You must serve a copy of the notice of motion on the respondent by registered prepaid post or personal service. You must complete an affidavit of service and swear it before a commissioner for oaths.
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