How can our Family Law Solicitor help?
Issues that will need attention in marital breakdown are to do with
- the Family Home,
- access rights to the children,
- other properties,
- existing and future debt,
- financial and tax implications.
We at Neil J. Butler & Co. have Family Law Solicitors handling these types of cases since 1996.
The issues have become more complex with the recognition of same-sex relationships and rights of Civil Partners and Co-habitant.
A Family Law solicitor , with knowledge of these changes is vital to get the best result for you.
What Options Do I Have To Live Apart?
To allow answers be given to the issues mentioned above, you have the following formal options:
- Separation Agreement– parties can agree the specific terms on which they will separate and can reduce that to a written document with the help of an experienced Family Law Solicitor at Neil J. Butler & Co. This can be done as soon as both parties agree that the marriage has broken down. It can often have the advantage of being cost effective and helping to minimise the time taken to achieve a separate existence. We have more information here on Separation Agreements.
- Judicial Separation– This is used where you do not wish to have a divorce or you do not qualify to apply for a divorce but yet want the protection of Court Orders or if you cannot otherwise negotiate agreed terms in a Separation Agreement. You need an experienced Family Law Solicitor to apply to the Circuit Court or the High Court for an Order of Judicial Separation. Some of the criteria which must be met are:
- One party has committed adultery
- One party has behaved in such a way that it would be unreasonable to expect the other spouse to continue to live with them
- One party has deserted the other for at least one year at the time of the application
- The parties have lived separate and apart from one another for one year up to the time the application is made and both parties agree to the Court Order of Separation being made
- The parties have lived apart from one another for at least three years at the time of the application to the Court (whether or not both parties agree to the Court Order being made)
- The Court considers that a normal marital relationship has not existed between the spouses for at least one year before the date of the application to it
- We have more information here on Judicial Separation
- Divorce– if there is a wish for a complete break from the other party and for you to have the potential to remarry if you wish, then divorce proceedings must be issued in either the Circuit Court or the High Court. Using an experienced Family Law Solicitor such as ours at Neil J. Butler & Co. , will help you through this difficult time in a sympathetic but efficient way. Again certain criteria must be met:
- The parties must have been living separate and apart from one another for a period amounting to four out of the previous five years before the application is made
- There must be no reasonable prospect of reconciliation between the parties