Family & Matrimonial
We offer comprehensive advice and assistance in divorce, separation, ancillary relief and maintenance issues at all court levels.
With these difficult economic times we recognise many couples wish to enter into proactive negotiations to settle the case in the most amicable way whilst minimizing costs. We can offer advice on matrimonial agreements that would achieve financial settlements between separated persons. However we also understand when necessary discussions are not progressing court action is the best avenue to take to ensure effective action and results are achieved.
We advise on the rights and responsibilities associated with civil partnerships from the preliminary stages before entering into one through to the dissolution of a partnership that has irretrievably broken down.
The Civil Partnership Act 2004 provides the mechanisms to, apportion property, arrange maintenance and divide pensions in the same way these matters are handled in divorce. We have experience in drafting and executing pre nuptial agreements for prospective civil partners.
As well as advising civil partners about their rights upon the dissolution of the partnership, we also advise surviving partners about their rights in inheritance disputes.
McLernon Moynagh also have specialist and expert experience in annulling civil partnerships in accordance with provisions set out in the Gender Recognition Act 2006 and those entered into in Consular Offices around the world.
Pre Nuptial Agreements
We provide drafting and negotiation expertise for those considering marriage or entering into a civil partnership to protect existing assets. These agreements can be used to demonstrate the parties’intentions to the court, and although not currently legally enforceable, they can be highly persuasive and influential in the resolution of divorce or dissolution cases.
We resolve issues surrounding residence, contact,re-location and parental responsibility of children and try our best to sort these issues out in the most amicable manner possible, as it is often the case a relationship between parents must be maintained.
We also have experience in respect of specific issues & prohibitive steps orders in respect of your child and in public law cases where there is social services involvement and the threat of care orders or supervision orders.
It is unlawful to remove a child from the jurisdiction for a period greater than 28 days without the consent of all those with parental responsibility. If you believe your child(ren) are at risk of being removed we act quickly to ensure this is prevented. If they have already been removed we act promptly to ensure their safe return. The Hague Convention under European Law or other international protocols depending on the host country governs which remedies and provisions can be utilised.
We have acted for many parents across Northern Ireland in the family proceeding courts, family care centre and High Court including before the Master of the Office of Care & Protection.
If you are a step parent seeking to gain full legal rights and responsibilities for a child(ren) we can assist in applying for an Adoption Order or Parental Responsibility Order.
We offer an understanding but robust service and can take swift action to protect victims by way of emergency applications for non-molestation orders and occupations orders to the Domestic Proceedings Court. If you are on benefits or a low income we will put legal aid in place to assist you.