Navigating family law matters can be tough, especially during emotional times. At P. Haughey & Co. Solicitors, we offer practical legal advice to guide you through each stage of the process. Our team of solicitors in Dungannon specialise in all areas of family and matrimonial law, offering the support and representation you need when it matters most.
Our Expertise in Family and Matrimonial Law
With over 25 years of experience, P. Haughey & Co. Solicitors in Dungannon have built a reputation for delivering high-quality legal services in Northern Ireland. Our dedicated team is well-versed in various aspects of family and matrimonial law, including:
- Children’s Matters: We assist with applications related to Contact, Residence, Prohibited Steps, and Specific Issue Orders, always prioritising the child’s best interests.
- Public Law and Social Services: We provide legal representation in dealings with social services, helping you navigate the complexities of public law proceedings.
- Emergency Protective Orders: If you need urgent protection from domestic violence, we can swiftly apply for Non-Molestation and Occupation Orders.
- Marital Breakdown Support: We offer comprehensive advice on divorce, financial settlements, and maintenance arrangements, aiming for fair resolutions
Understanding the Divorce Process in Northern Ireland
Divorce is a significant life event that can be both emotionally challenging and legally complex. Knowing what to expect can make the divorce process in Northern Ireland easier to manage. This guide outlines the stages of divorce proceedings, the grounds for divorce, and the specific legal requirements in Northern Ireland.
Legal Requirements and Eligibility
To be eligible to file for divorce in Northern Ireland, the following criteria must be met:
- Residency: Either you or your spouse must be habitually resident or domiciled in Northern Ireland.
- Duration of Marriage: You must have been married for at least two years before initiating divorce proceedings.
Grounds for Divorce
To legally end a marriage in Northern Ireland, you must show that it has broken down beyond repair. This can be proven through one or more of the following grounds:
- Adultery: One spouse has engaged in voluntary sexual intercourse with someone of the opposite sex outside the marriage.
- Unreasonable Behaviour: Conduct by one spouse that makes it unreasonable for the other to continue living with them. This can include physical or verbal abuse, substance misuse, or financial irresponsibility.
- Desertion: One spouse has deserted the other for a continuous period of at least two years prior to the commencement of divorce proceedings.
- Two Years’ Separation with Consent: The couple has lived apart for at least two years, and both parties consent to the divorce.
- Five Years’ Separation without Consent: The couple has lived apart for at least five years; consent from the other spouse is not required.
Stages of Divorce Proceedings
Filing the Divorce Petition
You or your solicitor will draft the divorce petition and lodge it with the Court for stamping.
Service of the Petition
Once filed, the petition is served to your spouse (the respondent). The respondent then completes an Acknowledgment of Service form (Form M6) and sends it back to the court.
Response from the Respondent:
The respondent has 14 days to reply, indicating whether they intend to contest the divorce. If the divorce is uncontested, the process proceeds more straightforwardly.
Decree Nisi Hearing:
The court schedules a hearing, where the petitioner confirms the petition’s details. The petitioner must attend to confirm the details of the petition. If the court is satisfied that the marriage has irretrievably broken down, a Decree Nisi is granted. This is an interim order indicating that the court sees no reason why the divorce cannot proceed.
Decree Absolute:
Six weeks and one day after the Decree Nisi is granted, the petitioner can apply for the Decree Absolute. Once granted, this legally ends the marriage.
Additional Considerations
- Children:The divorce petition must include arrangements for children under 18. The court will ensure that satisfactory provisions are made for their welfare before granting a divorce.
- Financial Settlements: You can settle financial matters—like asset division and maintenance—mutually. If not, the court will step in to decide.
Financial Settlements in Divorce
Navigating financial settlements during a divorce in Northern Ireland involves a comprehensive assessment of both parties’ financial circumstances to achieve a fair distribution of assets.
This process called ancillary relief covers property division, spousal maintenance, and pension sharing.
Key Factors Considered by Courts
During a divorce, financial settlements must be handled carefully. As experienced solicitors in Dungannon, we assist in reaching agreements on property, spousal maintenance, and pension sharing. The courts consider factors such as:
- Duration of the Marriage: Longer marriages may influence the extent of asset division.
- Financial and Non-Financial Contributions: Both monetary earnings and contributions like homemaking are considered.
- Age and Health: The ages and health conditions of both parties can impact financial needs and earning capacities
- Standard of Living: Courts aim to maintain, as much as possible, the standard of living established during the marriage.
- Future Financial Needs: Anticipated expenses, including childcare and education, are taken into account.
We work hard to secure fair financial settlements that protect your interests.
Why Choose P. Haughey & Co. Solicitors?
Selecting the right legal partner is crucial when facing family and matrimonial issues. As trusted solicitors in Dungannon, we offer:
- Decades of Experience: Since 1991, we have been providing high-quality legal services, building a legacy of trust and success.
- Client-Centered Approach: We prioritise understanding your unique needs and tailoring our services to achieve your goals.
- Expertise Across Fields: Our solicitors specialize in various areas of law, ensuring comprehensive support for all your legal matters.
- Proven Track Record: We have a history of successful outcomes, driven by our dedication to excellence and meticulous attention to detail.
Meet Our Family Law Specialists
Our team comprises dedicated professionals committed to providing the best quality service:
- Marion O’Toole: Graduated from the University of Ulster in 2006 with a degree in Law and Government (LLB Hons) and was admitted to the Roll of Solicitors in Northern Ireland in 2009. She practices in a wide area of law, with particular interest in Family and Matrimonial, Criminal, Conveyancing, and Litigation. Marion is a member of the Law Society of Northern Ireland’s Children Order Panel.
- Paul Haughey: Graduated from Northumbria University in 2003 with a degree in Law (LLB Hons). He was admitted to the Roll of Solicitors in Northern Ireland in 2009 and became Principal of P. Haughey & Co in 2011. Paul has experience in all areas of law, primarily practicing in Residential and Commercial Conveyancing, Litigation, Wills & Probate, and Criminal Law.
Contact Us
If you’re considering divorce or need legal support for family matters, our experienced solicitors in Dungannon are ready to help. Get in touch today for clear and confidential advice.
Offices: 21 William Street, Dungannon, Co. Tyrone, BT70 1DX
Phone: 028 8775 2433
