Matrimonial FAQs

Q. Will I have to go to Court?

A. We will try to negotiate an agreement with your partner and very few cases go to Court. If an application to Court has to be made, then we will advise you throughout and an explanation of the proceedings will be made as the case progresses.

Q. In an adultery petition, do I need to name a third party?

A. The Court does not encourage this. If the marriage has broken down then we need to focus on the important issues – financial matters and the arrangements for the children, for example.

Q. Do solicitors have to sort out children arrangements?

A. We very rarely get involved and we encourage the parties to try and agree matters between themselves. In addition, you can use the help of mediation. If we do need to assist, then we would encourage regular contact which would provide both stability and security for the children.

Q. I fear for my safety because of my partner’s behaviour, but I have not been physically hit. Can you help?

A. Domestic violence does not just mean physical violence. We offer an emergency service for individuals experiencing domestic violence. We will listen to your case and discuss your legal options with you.

Q. Financially, will all assets be split equally?

A. Division of assets will vary depending on whether you were married or whether you were cohabiting. If you were married, then there are a number of factors to consider and the Court can use its discretion. If you were cohabiting then the law is very different. You should seek specialist advice on your position.

Q. I am thinking of cohabiting. Can you help?

A. You should consider a Cohabitation Agreement. It will help protect your individual financial investments if you are moving in together or buying a house together.