FAMILY
Family matters can encompass a full range of disputes including divorce, domestic violence and children matters.
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DIVORCE
The only ground for divorce is that the marriage has broken down irretrievably.
To prove irretrievable breakdown of the marriage, you must be able to establish one or more of the following:
- that the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent (adultery);
- that the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent (unreasonable behaviour);
- that the Respondent has deserted the Petitioner for a continuous period of at least 2 years immediately preceding the presentation of the petition (desertion);
- that the parties to the marriage have lived apart for a continuous period of at least 2 years immediately preceding the presentation of the petition and the Respondent consents to a decree being granted (2 years separation by consent);
- that the parties to the marriage have lived apart for a continuous period of at least 5 years immediately preceding the presentation of the petition (5 years separation).
The procedure to obtain a divorce is straightforward.
A divorce petition is filed with the Court by a Petitioner and served on the other spouse, who then has the opportunity to respond. If the petition is not contested, the Petitioner then applies for the Decree Nisi (half way stage) to be pronounced by the Court. The Court will grant the Decree Nisi if satisfied that the Petitioner has proved their case.
Six weeks and one day after the Decree Nisi has been pronounced the Petitioner can apply for the Decree Absolute, which is the final Decree.
FINANCIAL MATTERS
We can deal with all aspects of financial matters involved with a divorce or separation.
In all cases we attempt to settle matters through negotiation. This negates the need for any Court proceedings or appearances.
If Court proceedings are necessary we will guide our Clients through the process and sensitively as possible.
The Court sets a timetable requiring both spouses to complete detailed financial statements with supporting documentation. We then liaise with you to prepare all the required documents, including a statement of issues, questionnaire and chronology.
This may appear daunting but the majority of cases settle without the need to attend Court.
Commonly the biggest matrimonial asset is that of the former matrimonial home. The matrimonial and conveyancing departments work closely to ensure that the transfer process is carried out as efficiently as possible.
DOMESTIC VIOLENCE
Domestic violence is a crime and can result in arrest and criminal sanctions and prosecution.
The Courts can grant injunctions to protect victims of domestic violence. Injunctions can protect the individual, a child or other family members as well as property. Injunctions can remain in force for as long as the court orders and they can be for life.
Occupation Orders can be coupled with Injunctions regulating the occupation of the family home. The Court has the power to order a party to pay the rent, mortgage or other outgoings associated with the property.
We encourage all Clients who are the victim of domestic violence to apply for Injunctions. These are enforced by the Court and offer much needed protection to victims.
CHILDREN MATTERS
If issues cannot be resolved without the Court, applications can be made for a number of Court Orders including with whom the child should live; when a child should see another person; whether someone should be prevented from taking certain steps in relation to a child; and any issues relating to major decisions in a child’s life.
If Court proceedings are necessary, an application is filed at Court. One to two months later there is a short Court appointment, normally with an in-court mediator. Any agreement then concludes the matter; no agreement leads to a CAFCASS Officer Report.
After the Report, all parties attend Court to consider it and see if an agreement can be reached. If there is no agreement the matter is listed for determination by a Judge.
We are very experienced in all matrimonial matters.
We are members of the Law Society Family Law Panel.
This firm is authorised and regulated by the Solicitors Regulation Authority under No. 349090