When a relationship ends

Upon separation an option for parties is to start negotiations with a view to dealing with important matters such as,

  • Who will occupy the matrimonial home?
  • How to divide up the matrimonial assets,
    which may include, properties, incomes,
    savings, policies, pensions, claims,
    inherited assets?
  • Dividing debt
  • Maintenance
    If the parties are not willing to enter into discussions, then an agreement cannot be reached. It is therefore important that if an agreement is to be reached that each party has their own separate independent legal representation.


What is the advantage of a matrimonial agreement?
The advantage of reaching a matrimonial agreement is to allow the parties to approach the settlement of their affairs on an agreed basis, as opposed to issuing court proceedings and proceeding on a contentious or litigious basis.


When will a matrimonial agreement not be binding?
A matrimonial agreement will not be binding unless each party receives proper independent legal advice as to the nature and extent of their entitlement and obligations.


When can a matrimonial agreement be set aside by the Court?
If either party does not make full and frank disclosure of all of their assets to the
other party in the context of the financial negotiations, then any matrimonial agreement which has been signed has the potential of being set aside by a court. It is therefore extremely important that prior to drafting a matrimonial agreement that full and frank disclosure / exchange of all financial information must take place in order that both parties can be fully informed about the nature and extent of their entitlement before either party can enter into a matrimonial agreement.


What type of discovery is normally required to be exchanged?

  • Property valuations
  • Mortgage redemption statements
  • Bank / building society statements for the past
    12 months
  • Wages slips for the past 12 months
  • P60 for the past 12 months
  • Details of life policies / ISA’s / stocks and shares
  • Loan accounts / compensation claims /
    inheritances which have been received or are
    about to be received during the period of the
    marriage
  • Pension information to include an up to date
    statement of the pension i.e. a Cash
    Equivalent Transfer Value (CETV)


What happens if negotiations are successful, and an agreement is reached?
At this point, the Solicitors would draft an agreement for each party to approve an ultimately each party would sign the agreement in the presence of their legal representative who witnesses their signature; this process is called swearing a document. As long as each party is of sound mind and full disclosure has been made prior to the signing of the agreement and the discovery process
has been completed then the matrimonial agreement is of huge legal and financial significance. The matrimonial agreement is recognised as a contract and will become enforceable upon the application of either party to the marriage to have the agreement made a rule of court, generally at the stage of the Decree Nisi hearing of the divorce. By going down the route of a matrimonial
agreement, this can remove a huge amount of uncertainty and anxiety for the parties and
allows them to deal with the marriage breakup in a conciliatory way.

If you have a legal query in relation to the above, then please do not hesitate to contact Michelle Crilly Family Law Solicitors on 028 3833 4020 or email info@mcrillylaw.co.uk.

Hollywood Star Liam Neeson Supports Groundbreaking Mental Health Initiative in Northern Ireland

In an inspiring display of support for mental health and wellbeing in Northern Ireland, Hollywood icon Liam Neeson is championing a remarkable initiative poised to revolutionise the landscape of mental health support. Through a heartfelt video message, Ballymena’s very own legend, Liam Neeson, is encouraging the people of Northern Ireland to embark on a courageous journey toward a brighter and healthier future. Whether it’s your mental or physical wellbeing that requires assistance, there is a dedicated platform ready to lend a helping hand – www.findhelpni.com

Renowned for his cinematic brilliance and renowned across the globe, Liam Neeson has taken a momentous step away from the silver screen to address an issue of paramount importance – mental health and wellbeing. In a heartfelt video message, the celebrated actor shares his unwavering support for a groundbreaking initiative that promises to transform the way individuals in Northern Ireland access essential mental health and wellbeing support.

With Liam Neeson’s support, this platform is set to become a beacon of hope for individuals seeking assistance with their mental and physical wellbeing. It offers a user-friendly gateway to access vital resources, connect with support networks, and embark on a path toward holistic health and wellness. Whether it’s seeking counselling, therapy, or simply understanding the available resources, www.findhelpni.com is a comprehensive and easily accessible solution. 

Family Law – Child Contact

WHEN PARENTS MAKE A DECISION TO SEPARATE FROM EACH OTHER, IT IS EXTREMELY IMPORTANT FOR THE ARRANGEMENTS IN RESPECT OF THE CHILDREN TO BE SORTED OUT AS QUICKLY AS POSSIBLE.

michelle crilly article on child contact in april 2022 local women magazine
michelle crilly article on child contact in april 2022 local women magazine

If you have a legal query in relation to the above, then please do not hesitate to contact us on 028 3833 4020 or email info@mcrillylaw.co.uk.

Divorce – Inherited Assets

MICHELLE CRILLY SOLICITOR ADVOCATE DISCUSSES THE ISSUE OF INHERITED ASSETS ON DIVORCE.

copy of article by Michelle Crilly in March 2022 edition of Local Women magazine

If you have a legal query in relation to the above, then please do not hesitate to contact us on 028 3833 4020 or email info@mcrillylaw.co.uk.

Getting a Divorce

Thinking about getting a divorce can be an extremely stressful time and it is often difficult to know where to turn for advice. It is natural to feel confused and anxious; after all a marriage is supposed to be a lifelong commitment.

Michelle Crilly is a “Local Women” legal columnist and family law solicitor. Read the full article below where Michelle advises on getting a divorce in Northern Ireland.

Michelle Crilly article on divorce in Northern Ireland

Digital Technology and Families

Family law solicitor and Local Women columnist Michelle Crilly on how modern technology can play a useful role in maintaining good contact between children and their parents after a break up.

Michelle Crilly article on Divorce and Technology

Testimonials

“I was extremely pleased that my case was carried out in a completely professional and efficient manner and throughout my case, I was treated with consideration and my Solicitor was particularly personable and friendly towards me”. - Anonymous
Michelle Crilly Family Law
5
2019-02-07T14:56:31+00:00
“I was extremely pleased that my case was carried out in a completely professional and efficient manner and throughout my case, I was treated with consideration and my Solicitor was particularly personable and friendly towards me”. - Anonymous

“We were extremely satisfied with your service and you kept us informed every step of the way during our case. Everything was dealt with efficiently and professionally. We would recommend this firm and thank you for all of your help throughout the case” - Anonymous
Michelle Crilly Family Law
5
2019-02-07T15:05:08+00:00
“We were extremely satisfied with your service and you kept us informed every step of the way during our case. Everything was dealt with efficiently and professionally. We would recommend this firm and thank you for all of your help throughout the case” - Anonymous
5
2
Michelle Crilly Family Law
Read All Testimonials

Family Law Solicitor Portadown, contact us today on 028 3833 4020 or 028 3839 2132

Get in Touch

If you think we can help out in any way, please fill in our enquiry form below and we will get back to you.