This is one of the most sensitive aspects of law as there is considerable distress associated with marital and partnership breakdown. We aim to deal with this situation in a sensitive, sympathetic and sensible way - negotiation and discussion will always be used as an alternative to litigation which may aggravate rather than resolve matters. We advise on the various options available including separations, divorce, adoption, custody and access disputes and voluntary or private separation agreements not involving Court appearances. Also if there has been violence involved we will seek to obtain orders for your protection.

If your marriage has irretrievably broken down and you can show one or more of five reasons listed below you may apply for a divorce. If you do not wish to proceed for divorce you may wish to apply for judicial separation.

1. Your spouse has committed Adultery since the date of the marriage

2. Your spouse has behaved in such a way that you cannot be reasonably
    expected to live with them (unreasonable behaviour)

3. Your spouse has deserted you for a period of 2 years

4. You and your spouse have been separated for a continuous period of at
    least 2 years and your spouse will consent to your application for a divorce

5. You and your spouse have lived apart for a continuous period of 5 years

A Separation Agreement is in essence a binding contract between the parties to govern their future arrangements allowing you to live apart and independently from your spouse without a divorce. We will negotiate an Agreement between the parties to set out terms in relation to children, financial arrangements, property and any future divorce.

Domestic violence cannot be tolerated. The Family Homes and Domestic Violence (NI) Order 1998 offers immediate protection from violence, the threat of violence, intimidation and harassment. There are two main ways it achieves this.

A Non-Molestation Order prevents the other party from using or threatening to use violence against the victim of abuse and also prohibits intimidation or harassment.

An Occupation Order can force the other party to leave the property and stay out of the property until the Order is varied or discharged.

Both Orders can be obtained without the other party receiving notice of the application and are originally granted on an temporary basis before the other party is given an opportunity to contest or agree to the Order. A breach of either of the Orders is an arrestable offence.

When relationships or marriages break down emotions can run high and it is important to obtain sound legal advice to ensure that you do not compromise your legal rights. You should speak us as soon as possible to ensure that you do not agree to an arrangement that may be detrimental to you or your children.

©2008 John Irwin