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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:
- 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:-
- How much
maintenance should I expect from/provide for my:
- 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.
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