 When
relationships or marriages break down, or encounter difficulties,
emotions can often run high and cloud rational decision-making.
It is important to obtain sound legal advice to ensure that
you do not compromise your legal rights. You should speak
us as soon as possible to ensure that you do not agree to
an arrangement that may be detrimental to you or your children.
Divorce
You can obtain a Divorce if you marriage has irretrievably
broken down for one of the following reasons:-
- Your spouse has committed Adultery since the date of
the marriage
- Your spouse has behaved in such a way that you cannot
be reasonably expected to live with them (unreasonable
behaviour)
- Your spouse has deserted you for a period of 2 years
- You and your spouse have been separated for a continuous
period of at least 2 years and your spouse will consent
to your application for a divorce
- You and your spouse have lived apart for a continuous
period of 5 years.
Separation Agreements
If you wish to live apart and independently from your spouse
but do not wish to proceed directly to a Divorce it may be
possible to enter into a Separation Agreement. We will negotiate
an Agreement between you and your spouse to set out terms
in relation to your children, financial arrangements, property
and any future divorce. A Separation Agreement is in essence
a binding contract between you and your spouse to govern
your future arrangements. Should either of you then decide
to obtain a Divorce the Separation Agreement is usually made
an order of Court thereby avoiding any further disagreements
between you both.
Finances & Maintenance
It is essential that separating couples agree a financial
settlement. This can be done either by negotiation or as
a result of Court Proceedings. Our aim is to settle all financial
matters between you and your spouse without the need to issue
proceedings thereby avoiding potentially large legal costs.
In some cases however we must protect your interests and
issue proceedings rather than accept reduced settlements
or allow deliberate attempts to frustrate fair settlement.
We will advise you whether you are entitled to maintenance
or alternatively how much maintenance you should pay to your
spouse and family. We will obtain full details of your spouse’s
financial circumstances from their solicitor and attempt
to negotiate settlement. Should settlement not be possible
we shall make the appropriate application to the court upon
your behalf.
Children
We will again strive to obtain agreement between you and
your spouse to ensure the least possible distress being caused
to children of the relationship. Should the parties be able
to reach a mutually agreeable arrangement in respect of the
child the court will not intervene.
Unfortunately sometimes parties cannot agree and an application
must be made under the Childrens (Northern Ireland) Order
1995. We realise, as does the Court, that the child’s
welfare is of the utmost importance. We act for spouses,
parents and relatives to obtain contact with or residence
of children. We also defend these applications. Our
trained family Lawyer is also a member of the Childrens Order
Panel + has specialist training in this area.
Non-Molestation/Occupation Order
Domestic violence cannot be tolerated. The physical and
mental abuse which arises from domestic violence often means
that the victim feels powerless and suffers a lack of confidence
and self-esteem. The Family Homes and Domestic Violence (NI)
Order 1998 offers immediate protection from violence, the
threat of violence, intimidation and harassment.
A Non-Molestation Order prevents the other party from using
or threatening to use violence against the victim of abuse
and also prohibits intimidation or harassment.
An Occupation Order can force the other party to leave the
property and stay out of the property until the Order is
varied or discharged.
Both Orders are available on an Ex-parte basis which means
that we can obtain the Order without the other party receiving
notice of the application. The Orders are originally granted
on an Interim (temporary) basis before the other party is
given an opportunity to contest or agree to the Order at
the full hearing. A breach of either of the Orders is an
arrestable offence.
Financial Difficulties
Divorces, Separations and Relationship Difficulties can
often lead to financial difficulties. We will assist you
in advising you how to keep your head above water during
this difficult time. We will liase with your creditors and
attempt to provide you with sufficient breathing space to
re-organise your finances.
Property rights
All assets must be fairly divided upon the breakdown of
a marriage. The largest asset is normally the matrimonial
home. Many people agree how the home shall be disposed of
and subsequently the property may be sold or re-mortgaged.
In the absence of agreement we shall attempt to negotiate
a settlement upon your behalf. We shall also advise you in
relation to the division of other assets such as saving accounts,
pensions, cars, holiday homes, endowment policies, furnishings
and shares.
For further information, contact:-
|
