Family Law

Not necessarily. In many cases, couples can reach a financial settlement and agree on arrangements for children without court proceedings. Mediation and negotiation are often effective first steps. However, where agreement cannot be reached, or where there are safety concerns, court proceedings may be necessary. We will advise you on the best approach for your specific situation.

A Children's Order is a court order under the Children (Northern Ireland) Order 1995 that determines matters relating to a child's care and upbringing. They are used when parents, or other significant parties, cannot agree on arrangements for a child. This includes decisions about where the child lives, how much time they spend with each parent, and other important matters. Fisher & Fisher Director Jacqueline Malone is a member of the Children's Order Panel, giving her specialist status in these complex proceedings.

The timeline for a divorce in Northern Ireland varies depending on the complexity of the case, whether it is contested, and how quickly financial and child arrangements can be agreed. An uncontested divorce with straightforward finances may take six to twelve months. Cases involving contested finances or complex child arrangements may take considerably longer. We will give you a realistic timeline based on your circumstances at your initial consultation.

Legal aid may be available for certain family proceedings in Northern Ireland, depending on your financial circumstances and the nature of the case. It is more commonly available in cases involving children, domestic abuse, or where one party's income is below a certain threshold. We can advise you at your first consultation on whether legal aid is likely to apply to your situation.

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that deals with situations where a child has been wrongfully removed from their country of habitual residence, or retained abroad. It establishes a process for the prompt return of such children. These cases are complex and time-sensitive. Jacqueline Malone's membership of the Hague Convention Panel means Fisher & Fisher is equipped to handle them at the highest level.

Pre-nuptial agreements are not automatically legally binding in Northern Ireland, but the courts can and do take them into account when deciding how to divide assets on divorce. The courts give particular weight to agreements where both parties received independent legal advice before signing, the agreement was entered into freely, and it was made well in advance of the marriage. A well-drafted pre-nuptial agreement significantly strengthens your position. If you are considering one, we recommend taking legal advice early.