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Family Law

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Separation and Divorce
Before applying to a court for a divorce, the spouses must be living apart for a period of four out of the last five years. Before making an order for a judicial separation or divorce the court will take many matters into consideration. These will include dependent children, and their future needs and welfare, the financial situation of both parties, accommodation and property, pensions, succession rights and so on.

Separation Agreements
Where possible the first step in entering into a separation agreement is for the spouses to go to Mediation. Mediation is a process offered by the Family Mediation Services. They are not solicitors but do assist separating couples to resolve any disputes they may have in respect of children, property, etc with as little conflict as possible. Once a mediated agreement has been reached the agreement is passed on to the solicitors in order to draft a Deed of Separation which is a legal contract based on the mediated agreement.

If a couple do not require mediation and resolve all issues between then one of their solicitors can draft a separation agreement for them and the other solicitor then approves that agreement.

If people fail to reach agreement they can then issue proceedings for a judicial separation that is granted by the court. If they have been separated for four out of the five previous years they can make an application for a divorce.

Pension Rights
Sometimes one or both spouses have a pension and this pension can be a significant assets. It is therefore important that a full value be put on a pension, pension benefits including lump sums.

There are generally two types of pension: Defined Benefit. This is a retirement benefit based on a person’s final salary and service with an employer and is the norm for state employees and some larger companies. Defined Contribution Pension are based on monies contributed to the pension and the final benefit is dependant on the value of the fund at the time of retirement.

Pension Adjustment Orders are generally required where a couple have separated and this order must be made by a court.

  • Divorce
  • Custody and Access,
  • Children and Maintence
  • Pension Rights
  • Separation Agreements
  • Barring Orders
  • Pre-Nuptial agreements