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Family Law & Childcare

We at Noble solicitors know that family breakdown and children cases can be very distressing to all involved. Dealing with the legal aspects of family problems requires not only through knowledge of the law but a practical, tactful and understanding approach... Our aim it to provide independent advise and to get the best results for you as quickly and as cost-effectively as possible.

Our Solicitors include an accredited member of The Law Society Children Panel and caseworkers who have a wide experience in all aspects of family law including:

  • Divorce and relationship breakdown-the issue of proceedings for divorce in the county court and/or separation agreements.
  • Financial matters arising from the breakdown of the relationship for co habiting couples or ancillary relief for all financial aspects including property and children in divorce proceedings.
  • Contact and residence for children- in regard to private law disputes between separating couples.
  • Care proceedings and other social services involvement.
  • Adoption.

We have competitive private rates including fixed fees in certain areas and we also offer Legal aid finding subject to eligibility. Free legal advice is available in some court proceedings and we always advise you on your eligibility for public funding.

Divorce

To obtain a divorce in this jurisdiction you have to establish that you have been married for 1 year prior to presenting a divorce petition. The sole ground for divorce is that the marriage has broken down irretrievably - which can be shown by one of the following facts:

  1. The respondent had committed adultery and the petitioner finds it intoleragle4 to live with the respondent.
  2. The respondent has behaved in such a way the petitioner cannot reasonably be expected to live with the respondent.
  3. The respondent has deserted the petitioner for at least 2 years.
  4. The parties have lived apart for 2 years and the respondent consents the divorce.
  5. The parities have lived apart for 5 years.

If the petition is uncontested the procedure can be straightforward under the “Special procedure”. The Petition is served upon the Respondent who returns an acknowledgment of serve to the court confirming they have received the petition and do not intend to defend the divorce. A date for the Decree Nisi can then be applied for and after the decree has been pronounced it is possible to apply for the Decree Absolute 6 weeks and 1 day later. The length of time to get the Decree Absolute can vary depending on the complexity of the individual case which can be discussed at our meetings.

Divorce should not be considered in isolation and other issues such as the division of family assets and finances will have to be considered as well as concerns about the children.

Children Law

At Noble Solicitors Family Department we are well equipped to deal with the difficult issues relating to the Law as it impacts upon the care and welfare of Children. This Area of children law can be divided into two main areas namely:

A. PRIVATE LAW MATTERS
This deals with disputes between parents, siblings and Grandparents regarding issues of:

  • Residence - where a child should live and who with.
  • Contact - Who should see the child, when and where.
  • Specific Issues - relating to education and the upbringing of a child.
  • Prohibitive Steps - A Request for the Court to intervene in stopping the way children are to be parented.
  • Parental Responsibility for children.

Many of the above issues will arise due to relationships between couples coming to an end. If the parties cannot agree these issues following negotiations we can issue proceedings for Court Orders to be made.

B. PUBLIC LAW CHILCARE PROCEEDINGS
This is a specialist area of children law which involves proceedings where the Social Services department of a Local Authority will intervene in the parenting of children. Such matters may relate to We have specialist Solicitors accredited by the Law Society to deal with this area of work which might include:

  • Child protection investigations by Social Services.
  • Court proceedings dealing with children who have been removed from the care of their parents.
  • Advice on applications for adoption or Special; Guardianship Orders, which relate to children residing outside of the Family Home.

If you wish you can make a initial fixed fee appointment which is a great opportunity to discuss your concerns and to evaluate the best way forward for you.

 
 
 
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