Family Law

Divorce formally brings a marriage to an end and leaves the parties free to remarry or enter into a civil partnership. The consequences are life changing. Thomas Barry & Company Solicitors will help you to properly protect your interests and those of children.

A separation arrangement is very often the basis on which a later divorce or dissolution order is made. Enforceable separation agreements usually require that both parties be independently advised and make full disclosure of their financial positions. Sometimes this may involve action to ensure that a party does not hide or dissipate resources.

Nullity (also known as annulment) is the cancellation of a marriage or civil partnership and can only be ordered by Court. If a marriage or civil partnership is annulled and declared void or voidable ab initio (from the beginning) the effect is that it never existed in the eyes of the law. This has profound consequences for rights between the parties. As they are considered never to have been legally married or in a civil partnership neither will have spousal property, succession or financial rights against the other. State and church annulments are separate and distinct. Church annulments do not have legal effect.

Civil Partners

The rules for separation and nullity in civil partnerships are broadly similar to those for marriage. The rules governing the dissolution of civil partnerships are different. A decree of dissolution allows both parties to a civil partnership to marry or enter into a new civil partnership. A court order is required to dissolve a civil partnership.

Cohabitees & Non-Marital Relationships

The Civil Partnership Act deals with other non-marital relationships. It defines cohabitants as two same-sex or opposite-sex adults who are: not married to each other, not in a registered civil partnership, not related within the prohibited degrees of relationship (relationships which would make them ineligible to marry each other) and living together in an intimate and committed relationship
The Act provides rights and protections for cohabiting couples.

Property settlement is an intrinsic part of family and relationship law work. Protecting a client’s position requires a good knowledge of property law and sound judgement. Thomas Barry & Company provides this.

Where there are children any relationship termination arrangement will have to provide for them. All parties are expected to display high degrees of sensitivity and forbearance when it comes to decisions affecting a child’s care and upbringing. While preferably avoided, this can become contentious.

One of the most valuable assets separating or divorcing spouses/civil partners/cohabitants have is often a pension. Irrespective of in whose name a pension is, it can be treated as an asset of the couple.

This is an intricate area. Generally, pension rights are valued as those rights that have accrued up until termination of the relationship. Each party is obliged to disclose full details of any pension which he or she may have.