Relationship breakdown is emotionally distressing, so ensure you are legally and physically protected by consulting a solicitor for issues relating to:
- Civil partnership dissolution
- Setting aside a cohabitation agreement
- Domestic violence
If your marriage is beyond saving, you may apply to court for a decree of divorce. In order to meet the requirements, you must:
- Be living separately from your spouse for two of the previous five years (this was reduced from four out of the previous five years following a 2019 referendum)
- Have exhausted any reasonable possibility of reconciling with your spouse
- Have made adequate arrangements for the care of your spouse and any dependent family members, especially the children of either party
An annulment differs from separation or divorce because it acknowledges that a legal marriage never existed. If you believe your marriage is null, the family law solicitors at HOMS Assist can help.
Civil Partnership Dissolution
It is difficult enough to cope with the emotional distress of civil partnership breakdown without having to work through the legal issues. An expert family law solicitor can guide you through the civil partnership dissolution process and ensure that you get the best outcome possible. You may need legal advice on issues such as:
- Agreeing how to divide assets
- Dissolution or separation orders
- Issues relating to children
- Joint residence orders
Setting Aside A Cohabitation Agreement
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 allows couples who live together to make a cohabitants’ agreement to deal with financial issues during the relationship or when the relationship breaks down, whether through death or otherwise. Such agreements are only legally valid if the parties have obtained independent legal advice, or if they have obtained legal advice together and have waived in writing the right to independent legal advice. The agreement also has to be in writing, signed by both parties, and comply with the general law of contract.
The Court can amend or set aside a cohabitation agreement if enforcing it would cause serious injustice. Contact your solicitor to ensure our cohabitation agreement is valid.
When it comes to formal separation, couples generally follow one of two key routes. Whether you part ways using a deed of separation or separation agreement or you secure a judicial separation, our expert family law solicitors HOMS Assist, will guide you through the process.
If you are suffering due to domestic violence or abuse, we are available to provide confidential legal advice that will help you achieve the best outcome in difficult circumstances. Domestic violence or abuse involves any situation where a person’s safety and welfare are jeopardized by the actions of the other party in a domestic relationship.