Worrying about a family break-up? We can help...
Marriage or relationship breakdowns can be very stressful. It is difficult to think straight and plot a way forward. Parties often feel anxious, resentful and struggle to cope with the failure of their relationship and it is a particularly worrying time for those with small children not least concerning future housing arrangements. We have many years’ experience in providing a listening ear and offering sound advice. You should come and see your Solicitor immediately. All advice is confidential and starting a process does not mean reconciliation is out of the question at a later stage. One party refusing to move out of the home is a particularly stressful dynamic. We can help with this and any issues arising.
What is the difference between divorce and separation?
Divorce and separation can be one of the most distressing experiences of someone’s life.
A divorce and separation can often be misinterpreted as meaning the same thing; however, they do differ.
The difference is, divorce ends a marriage however a separation does not. There are certain requirements that a person must meet to get a divorce whereas separation does not hold these precise requirements.
Our divorce and separation solicitors’ main aim is to make the process run as smoothly as possible in order to protect your financial and personal interests and wellbeing
How can I get a divorce?
To be eligible for divorce or to end a civil partnership, you must have been married, or in the civil partnership, for twelve months or more. If this is not the case, you can apply for a judicial separation.
The ground for divorce in Northern Ireland remains the “irretrievable breakdown of the marriage.” You must satisfy the Court that the marriage has broken down due to at least one of the following grounds:
- Adultery
- Unreasonable Behaviour
- Desertion
- 2 years separation with consent
- 5 years separation
The process of ending a civil partnership is the same except you cannot rely on the ground of adultery.
The Decree Nisi is the first part of the divorce. Once you are granted this, you may apply for your Decree Absolute after waiting a period of 6 weeks and 1 day. The marriage is not legally ended until the Decree Absolute is made.
If you have resolved the financial matters by way of a Matrimonial Agreement, such Agreement will be made a Rule of Court at the Decree Nisi Hearing. If you are unable to resolve matters amicably by way of Agreement which unfortunately is not always possible, then Ancillary Relief proceedings will have to be issued.
Ancillary Relief
If an amicable clean break agreement cannot be reached, then the Court will have the final decision on how the family’s assets are split. These proceedings are known as Ancillary Relief and can be issued by either party to the divorce.
The family home is often referred to as the former matrimonial home (FMH) and is usually the biggest asset to divide in a divorce. The starting point is always a 50/50 split of the equity. However, there are a number of factors the Court will take into consideration, including which parent has care of the minor children of the family.
A pension will also be considered as part of the matrimonial assets. If there is a disparity in the pensions, this can be met either through a Pension Sharing Order or by off-setting.
Spousal maintenance may be available in cases where there is a significant disparity between the parties’ incomes. A Court application can be made on behalf of the spouse (or partner) entitled to spousal maintenance in the event the other party does not provide sufficient or appropriate maintenance payments post-separation.
If one spouse (or partner) owns a business or has a significant shareholding in a business, then the value of the business will be treated as part of the matrimonial assets.
In the Ancillary Relief process, Affidavits are filed by each party setting out the party’s financial position and contributions to the marital assets. Financial discovery (such as bank statements, payslips, business accounts, tax returns, pension valuations and valuations of property) are ordered to be exchanged and then an FDR (Financial Dispute Resolution) Hearing is usually arranged. This type of Hearing is unique to family breakdown cases and is a process akin to mediation. The Court affords an opportunity for each legal team to file a short document (known as Core Issues) setting out a summary of the case and putting forth an offer as to what each party believes would be a fair settlement. Considering the Core Issues, discovery and all relevant circumstances and aspects of the case, the Judge (known as a Master) gives a non-binding recommendation to the parties. One or other party can reject the Court’s indication and the case will then be listed before a different Master for a full Hearing. The second Master will not be privy to the initial indication of the Court and will therefore approach the case afresh. Should he/she come to broadly the same conclusion, the party who rejected and essentially did not ‘beat’ the initial indication would be penalised in costs and pay not only their own legal costs but that of their respective husband/wife.
