Matrimonial - Family Law

We recognise that when problems arise in any relationship, it can be a very traumatic and distressing time for every person who is directly affected by those problems. To try and alleviate your concerns and fears, our advice to you will always be given in a supportive and constructive way.

The approach we take is to support you in finding calm and to understand your rights and obligations, so as to allow you to make informed decisions on what you want for your future. We recognise that unlike in many areas of life, not every issue where a relationship is concerned is one of right or wrong, or can be dealt with a view to achieving immediate finality. By working to achieve sensible solutions that leave all parties able to build for a new future, we believe we are best serving our clients short, medium and long term interests.

What areas of Relationships can we assist you with?

(1) Informal Separation
Many people believe that a divorce is inevitable, or the only option available to them when a relationship has broken down. That is not always the case. For many people time to think about the present and future is very beneficial without having to worry about the finality that applying for a divorce can create. It is possible to have this time by making informal arrangements regarding important issues such as housing, children and monetary arrangements.

An informal separation does not have to involve court proceedings. We will encourage our clients and their former partner to try and negotiate terms on an amicable basis and if this can done, then the agreed terms can be put onto a formal legal basis by way of a ‘Separation Agreement / Deed’. Where necessary we can assist with any negotiations, thereby removing the ‘emotive’ aspect of a situation that can sometimes cloud judgment and be a block to progression

(2) Reconciliation & Counselling

At a first meeting we will always discuss the availability of impartial counselling services that may help our clients address present problems and find whatever way forward is best for them. We do not offer counselling at the firm but we will provide you with details of organisations such as Relate who may be to assist you.

(3) Divorce
Whether or not a relationship has irretrievably broken down is an intensely personal decision to reach. That decision is one for you alone to make but where you have decided that you wish to legally end your relationship, then we will provide you with the support, advice and information you need to achieve that outcome.

Can I obtain a Divorce?
There is only one ground for Divorce and that is if either party believe that the marriage has‘ irretrievably broken down’. If neither party believes this to be the case, then a divorce cannot be sought.

There are 5 allegations in support of a divorce if the marriage has 'irretrievably broken down'. These are as follows:-

Adultery
Unreasonable behaviour
Desertion for 2 years
2 years separation with the consent of both parties.
5 years separation not requiring consent.

We will take your instructions and then advise you which of the above (if any) can be relied upon.

The Divorce Process
Divorce does involve a court process. It commences with the issue of a divorce petition and will end with the granting of the Decree Absolute. As each matter is different, it is not possible to give a definitive time scale. That said, for an uncontested divorce where the issues are limited the process should take between 4-6 months to finalise. Where the issues are likely to increase this time scale, we will always give the best indication we can once all facts are known to us.

(4) Children
During or after the breakdown of any relationship, issues relating to the future arrangements for any child of that relationship can be a very difficult and emotive issue to resolve. Our approach is to actively encourage our clients to work towards achieving permanent and amicable solutions that will benefit both the parents and more importantly, their children. In our experience this approach allows all parties to move forward in a positive and constructive way. The three most likely issues that can arise are briefly discussed below but this list is not exhaustive and we are happy to discuss whatever issue is causing concern to our clients.

Parental Responsibility
Parental Responsibility is the right to have an important say and input on decisions that can and do have a major role to play in a child’s life before they reach the age of 18. Such issues can include but are not limited to, the choice of medical treatment; type of school attended-education given; trips/holidays abroad, religious upbringing and even change of surname. Many parents have Parental Responsibility automatically (by marriage etc) but for those who do not, it is an important responsibility to obtain. We can assist you in obtaining this by agreement or if necessary, by way of Court Order.

Residence
Residence relates to where a child is to live and with which partner from the relationship. In the majority of cases parents will reach an amicable agreement on such an important issue. As the breakdown of a relationship can be a traumatic time for a child, we encourage all clients to try and find a quick and amicable agreement on living arrangements. In our experience such an approach is in a child’s best interests and also in the parents too. However, on occasion no agreement can be reached and the need for either Mediation or Court intervention becomes necessary. If that stage is reached, we will advise you of your options and rights and represent you in seeking an order that achieves what you believe to be in your child’s best interests.

Contact
Contact (formerly known as ‘access’) relates to the arrangements for the parent who does not have their child living with them, to be able to spend time with them. The approach that we have mirrors that of the Court system where it is presumed to be in the best interests of a child to have and maintain a relationship with both of its parents.

The advice we give our clients will always be underpinned by a belief that actively seeking long term solutions is normally in our clients best interests. In the initial period after a relationship breakdown, emotional upset and trauma can make reaching agreement fraught with difficulty. Where parties cannot reach any amicable agreement for whatever reason, we will advise you on the best way to achieve a workable way for you to be able to have contact with your child. On occasion this may involve the temporary assistance of outside agencies and / or the intervention of the Court.

(5) Our Fees
At Crosby & Moore Solicitors we will always give you as much certainty as we can regarding the level of our fees for advising and acting for you. We recognise and appreciate that the fear of escalating costs can and does deter many people from pursuing or enforcing their rights. At first interview we will therefore give you a clear indication of the likely costs of your case and regularly update you on this. Our charges are based on an hourly rate and we believe these to be extremely reasonable and competitive.