Cohabitation
What is Cohabitation? Cohabitation is when two people live together outside marriage or civil partnership. In Northern Ireland, the law does not recognise couples who live together as a legal partnership. As a result, it is advised that you sign a cohabitation agreement. A cohabitation agreement is a document which both parties must sign to clarify what will happen should they ever separate. This agreement will secure your rights in case of future separation. In cohabitation, if a couple share a mortgage and then separate, both parties are liable to repay that joint mortgage. Regardless of separation or vacancy in the property. If debt is left unpaid both individuals will be jointly responsible and will equally face repercussions. Cohabitation Will? Our Solicitors advise our cohabitation clients to write a Will as evidence that you wish to benefit your significant other. It is important to know that your cohabitant partner will not be considered your next to kin. This is because you are not legally related to them. Therefore, a completion of a Will is essential in this case. A person who dies without writing a Will, may lose their possessions to an undesired beneficiary. Children in Cohabitation? When a cohabitant couple separates, there is a presumption that they keep whatever they owned prior to the relationship. However, this is not as simple if the couple have children together. Both parents are entitled to see and develop a relationship with their child. If this cannot be mutually agreed, then we advise you to contact our family law team. We have expertise in child law disputes, therefore our solicitors are well placed in helping our clients. Our solicitors work to secure contact with children following a breakdown in family relations. Domestic abuse within a Cohabitant relationship? A victim of domestic abuse within a cohabitant relationship may seek the Family Homes and Domestic Violence legislation. The Family Homes and Domestic Violence Order 1998 in Northern Ireland, protects the victim from physical and emotional abuse. The victim may apply for a non-molestation order, which prohibits the abuser from molesting the victim. Supposedly, the abuser violates this legislation, they may face an arrest and a criminal record. How our Cohabitation Solicitors Can Help? At John Boston & Co Solicitors, we understand how stressful it is for a domestic abuse victim in cohabitation to report their situation. Therefore, we believe it is important that you know, this is an ‘ex-parte’ application which means ‘for one party’. This means that, only one party must be present in contacting the court. Therefore, the victim is protected as the abuser is not aware of the order granted against them until the PSNI contact them. Do not hesitate to complete our online enquiry form for further information and legal guidance.
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Domestic Abuse
Domestic Abuse Solicitors Belfast What is Domestic Violence? Domestic abuse is a single or repetition of incidents of threatening behaviour by one party to another. Domestic violence can take many forms including physical and emotional abuse, such as: Physical or sexual abuse Coercive control Emotional abuse Physical or online harassment Stalking Domestic violence is a problem that most people do not often think about, but one which nonetheless still happens. Victims of domestic abuse are amongst the most vulnerable people in society and require as much protection as possible. Our family law department has vast experience in dealing with cases involving domestic abuse and we can provide assistance to help you obtain protection and ensure that you and your children do not suffer any further abuse. The Courts in Northern Ireland offer protection for victims of domestic abuse and we can advise you on the best approach to take. The two most common remedies to domestic violence are Non-Molestation Orders and Occupation Orders. Non-Molestation Orders A Non-Molestation Order will prohibit an abusive partner or former partner from using violence, threatening violence, harassing, or intimidating you in the future. It is often necessary to apply for this on an emergency ‘ex parte’ basis which means that your partner/ex-partner does not know about the application initially. This can be granted for a short period of time until a Hearing date is listed before the Court. Your partner will then be served with the relevant papers by the PSNI and be made aware of the proceedings. If you are granted the benefit of an emergency Non Molestation order, you will be protected by the Order which has an immediate power of arrest should your partner/ex-partner breach it. The Order can specifically state that such a person cannot ‘harass, annoy or intimidate you whether directly or indirectly through a third person.’ Within the Family Homes and Domestic Violence (Northern Ireland) Order 1998, you must be an ‘associated person’ to be able to apply for a Non-Molestation order. The range of individuals who can apply are as follows: People who are/have been married to each other Cohabitants/former cohabitants; certain relatives e.g. father, mother, brother, sister, daughter, son; Persons who have agreed to marry Persons who have a child together Occupation Orders If you are living with a partner, we will consider making an Occupation Order Application at the same time as the Non-Molestation Order. This would have the effect of excluding your partner from the family home in addition to preventing them from coming within a certain distance of the family home. For example, the Court may order that your partner is prohibited from coming within 100 metres of your home or children. This is an extremely beneficial application when children are living with you and they require protection from witnessing incidents of abuse and domestic violence. How can we help? Our specialist family law solicitors understand the sensitive nature of domestic abuse cases and will ensure that all matters are kept confidential. We want you to feel safe and able to access the help which you and your children need to break an extremely […]
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Collaborative Law
The collaborative process is a different way of resolving family issues, whether this is arising from separation or divorce.
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Matrimonial Solicitor
We are renowned provincewide as one of the leading firms practising in this field and acknowledged as providing extensive client support in these cases paying meticulous attention to detail.
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Family Law
we appreciate how distressing family issues can be and understand the importance of providing a professional, confidential and supportive service for all aspects of family law.
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