When a relationship breaks down there are lots of things that have to be resolved such as financial issues and what should happen to the children. We can help you reduce the stress that you will undoubtedly be feeling.

Kevin Conroy has been dealing with family law problems including matrimonial finance, issues regarding contact to children (by non-resident parent and/or grandparents) and domestic violence in the home for over 15 years.

We offer a free thirty-minute initial interview during which time we can give you an indication as to the likely time-scale and cost of any proceedings.

In the case of unmarried parents we can advise upon Parental Responsibility Orders.


Sometimes when a relationship breaks down there is the question of domestic violence. We can help you with personal protection orders and exclusion orders. We appreciate that this is an extremely stressful time, and our aim is to assist you through the process in a sympathetic and efficient manner.

One of the most frequent questions we are asked is "what happens when you get divorced?" We have prepared an outline of the procedure to assist you.

Procedure for Undefended Divorce

These days the procedure in undefended divorce cases is quite straightforward. It is rare for anyone to have to appear in court, and in most cases everything is dealt with "on paper".
There is one basic ground for divorce, that the marriage has irretrievably broken down. However, this needs to be proved by one of the following five facts:
1. That the other spouse has committed adultery, and you find it intolerable to live with your spouse.
2. That the other spouse has behaved in such a way that you cannot be expected to live with them, i.e. unreasonable behaviour.
3. That there has been desertion for 2 years.
4. That you have been separated for a period of 2 years and the your spouse consents.
5. The parties have been separated for 5 years.


Presuming that one of these factors exist divorce proceedings are started by a petition being prepared and filed at Court. This is then served upon the other party by the Court, through the post. The other party then has 14 days to return a form called an Acknowledgment of Service to the Court with the petition. If the other party doesn't return the form then, in certain circumstances, the Court can try and get round the problem. If it can be shown that the other party has had the papers the Court can make an order that service of the petition is deemed to have taken place. One can use the Court Bailiff, or an Enquiry Agent to serve the petition .

When the Acknowledgment of Service is received, or, in the alternative, the Court has deemed service to have taken place, or there is proof of service from the Court Bailiff or Enquiry Agent, the Petitioning party then swears an Affidavit which confirms the truth of the contents of the Petition. It confirms that the Petitioner finds it intolerable to live with the other party and is accompanied by a request that the Court consider all of the circumstances.
If it is satisfied with the papers the Court sets a date for pronouncement of the Decree Nisi.
Both parties receive notification of the date for the promouncement of the Decree Nisi from the Court. The papers state that unless someone objects to one of the orders that are to be made, no one needs to attend Court. In certain circumstances where the other party (the respondent) has objected to paying the costs of the Divorce, the court may order the Respondent to appear before the Judge to argue why he/she should not pay the costs.

Once 6 weeks and 1 day have passed from the date of the Decree Nisi, the petitioning party may apply to the court for the Decree Absolute by completing a simple form and paying the appropriate fee. Sometimes we advise our client to delay applying immediately for the Decree Absolute, where for example financial issues have not been resolved. If one of the parties to the Divorce applies for the Decree Absolute before finances are sorted out and the other party dies there may be a loss of financial benefit.
If the petitioning party does not apply for the Decree Absolute then 4½ months after the Decree Nisi the other party may apply to the Court for a Decree Absolute. The Court however does not grant the application without first hearing argument from any party who attends Court. This type of hearing however is rare and in the vast majority of the cases it is left for the petitioner to apply for the Decree Absolute when they are ready. If, for any reason, the petitioning party has not applied within 12 months then the court usually requires a simple Affidavit to be filed with the application for the Decree Absolute explaining the delay.

Children


When parents separate one of the most difficult areas to resolve is what is best for the children.
Where there are no problems in respect of violence etc. it is accepted that it is in the best interests of the children to have a good ongoing relationship with both parents. Children need to understand that it is ok for them still to love you both.
We try to help by asking you to look at the difficulties through the children’s eyes and sort out arrangements that you can both live with and the children can enjoy.

If we can assist you in any way please do not hesitate to contact us.

Mediation

What it isn’t: Trying to get you back together. That’s Marriage Guidance and Relate.
What it is: Helping you and your former partner to look at possible solutions to your individual difficulties, be it in relation to the children or to finance and to come to a solution that both of you can live with rather than one imposed on you by the Courts.



Domestic Violence


In most cases there is no excuse for violence. The assaulted person often feels it is their fault which is very rarely the case. If you are being abused we can help you to apply for a Non-Molestation Order to prevent you from being assaulted or harassed, or an Exclusion Order preventing your former partner or spouse from returning to your home. We just need you to work with us, give us clear instructions and don’t change your mind!

These days it is not just women who are assaulted and indeed Kevin Conroy has recently obtained injunction orders on behalf of husbands who have been attacked by their wives. Although you may be embarassed the Courts are well aware that husbands can be the victims of violence and your application will be properly dealt with by the Court irrespective of gender.

If you are being asked to leave and are accused of violence we can give you advice upon the best way forward. When there are children they can be severely affected by what is going on. We can negotiate an amicable settlement on your behalf or represent you in court if necessary.
Give us a call or email us.



Finances


Married? · You have far more rights than if you have simply live(d) with someone · The Courts have a wide range of powers to deal with all assets e.g. cash, pensions, property, possessions, investments · If there are children then quite often a Court will not order the sale of a property until the children have finished their education · You ought to take legal advice.

Not Married? · The law is complicated · Contrary to popular belief, if you have cohabited with someone for even many years, you do not necessarily acquire any rights to their property · If a house is in the sole name of the other partner, to achieve an interest in it, you would have to show that you had made an actual financial contribution towards the purchase of the property and that you both intended that you should have some interest in the property. · There is no simple answer to who owns what · You ought to take legal advice.


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