Matrimonial
FitzPatricks Solicitors - Business - Property - Family
Divorces
- FitzPatricks provide a caring approach to marital breakdowns including advice concerning children issues and financial matters.
- For the marriage to be dissolved it must have "irretrievably broken down". To show this has happened, one of five facts must be established namely:
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- adultery
- unreasonable behaviour
- two years separation with consent
- five years separation
- two years desertion.
Several aspects of the marriage will need to be discussed, information gathered and facts ascertained before the appropriate advice can be given. Other aspects which may also be relevant are conciliation and mediation.
FitzPatricks act for clients seeking or defending a divorce.
Separations
If there are matrimonial difficulties but divorce is not an option or not desired then a period of separation might be required.
There will still be issues involving finances and children that we can help to resolve and appropriate agreement can be drawn up if necessary.
Financial arrangements might still need to be approved by a Court if the Court are invited subsequently to make any financial orders when marriage is dissolved.
FitzPatricks can advise on any matters in connection with divorce and separation.
Children
When children are involved in a family split, the Court puts their interests first. While parents should seek to reach agreement this may not be possible for
emotional and practical reasons. FitzPatricks offer guidance and help with the negotiations.
In determining whether or not an order or agreement should be made in relation to parental responsibility, contact, or residence the Court (and indeed the Solicitors) will have regard to:-?
- Who will the children live with?
- Who has responsibility for their upbringing, education and religion?
- Often the most important aspect following marriage breakdown, guidance is provided upon such issues as residence, contact and parental responsibility.
- How often can I see (do I have to allow my partner to see) my children?
- How much maintenance should I pay (expect to receive) for each child - and up to what age?
The following are among the matters to be taken into account:-
- The wishes and feelings of the child or children concerned (in the light of his or her age and understanding)
- The child's physical, emotional and educational needs.
- The likely affect on the child of any change in his or her circumstances.
- The child's age, gender, background and any other characteristic which the Court believes relevant.
- Any harm which the child has suffered or is at risk of suffering.
- How capable the child's parents and any other person in relation to whom the Court considers the question to be relevant is of meeting the child's needs.
Financial Matters
Procedural Rules now require parties "to lay their cards on the table". This means full disclosure and the disclosure statement must be signed and acknowledged by the party involved rather than by his/her Solicitor. This involves careful preparation on the one hand, and investigation on the other. Legal advice is always desirable. The purpose of these disclosures is to bring matrimonial disputes to the Courts more quickly. If the parties can agree financial matters, the approval of the Court is still necessary. If agreement cannot be reached then we can guide you through the legal and practical steps required to reach a settlement or take the matter to Court if agreement cannot be reached.
Common questions:-
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How much maintenance should I expect from/provide for my:
- partner?
- children?
- What are my assets and commitments?
- What are my partner's assets and commitments?
- What are the proceedings I have to go through?
- Are there pension rights or business assets to be divided?
- How do I protect my and my family's future?
- Should I make a Will?
Factors that are taken into account in determining what financial order should be made include the following:-
- income/earning capacity, property and other financial resources
- financial needs, obligations and responsibilities
- standard of living before breakdown
- age of the parties and duration of the marriage
- physical or mental disability
- contribution to the welfare of the family
- conduct of the parties
Procedural Issues
There are basically four phases within the procedure for financial relief, namely:-
- identifying the issues, negotiation and disclosure
- filing of application for financial relief, full disclosure of financial information with documents in support and attending first appointment
- preparation for and attendance at FDR hearing which is a conciliatory appointment whose objective is for the parties to use their best endeavours to reach an agreement
- if matter not yet finalised preparation for and attendance at final hearing
Co-habitation
Different laws apply when parties are living together but, not married. The issues are similar to those for married couples, so co-habitees will ask the same questions but expect different answers.
Domestic Violence
Injunctions, in appropriate cases, can be obtained for those who have suffered domestic violence, or even harassment.