private - family law

At MKB Russells we have a dedicated caring and experienced Family Law Team offering a professional and sensitive approach to all problems associated with the breakdown of a relationship.  If you, your partner or both of you decide you no longer wish to stay together there are a number of ways you can end the relationship.  We understand the issues involved and will pursue the best possible settlement on your behalf and that of your family whereby the well-being of children in any such relationship is foremost in our considerations.

1. Divorce and Relationship Breakdown

MKB Russells will advise you on the following:-

1. Divorce:- Grounds and Procedure.

2.  Judicial Separation:-Grounds and Procedure.

3.  Financial Relief/Ancillary Relief:-

i. Maintenance - Entitlement ie – Spousal and Child

ii. Entitlement ie - Matrimonial Home and any other property.

iii. Entitlement ie - Pension Provision.

iv. Clean Break Settlements encompassing all of the above.

2. Civil Partnerships

The Civil Partnership Act 2004 came into force on 5^th December 2005.  This new and novel piece of legislation has enabled same-sex couples to obtain legal recognition of their relationship.

We seek to advise civil partners in their rights to equal treatment in a wide range of legal matters including:-

• Inheritance tax
• Duty to provide reasonable maintenance for your civil partners and any children of the family
• Ability to apply for parental responsibility for your civil partner’s child
• Inheritance of a tenancy agreement
• Recognition under intestacy rules on the death of a civil partner
• Access to fatal accidents compensation
• Protection from domestic violence

In addition to the above we are alert to the changes in Adoption Law under the Adoption and Children Act 2002 which applies only in England and Wales at present and allows co-habiting opposite and same sex partners to adopt jointly.  The Legislation in this Jurisdiction is expected in 2006/2007.

3. Domestic Violence 

We realise that it is difficult for victims of domestic violence to talk to others about their situation.  We offer an understanding, sympathetic and pro-active service in advising vulnerable clients in situations of emergency of the legal remedies available.  Emergency applications can be made to court in situations were immediate protection is required and we strive to offer clients a quick appointment and full information as to the procedures involved.

Domestic Violence comes in various shapes and forms and can include mental abuse.  The Family Homes and Domestic Violence (Northern Ireland) Order 1998 allows the Victim to apply for the following Orders:-

1. A Non-Molestation Order which prohibits one Party from molesting another or assisting someone else to molest.  Order may be granted without proof of violence or threat of violence. 
2. An Occupation Order allowing one party peaceful occupation of the home previously shared by the Parties.
3. An Exclusion Order allowing one party exclusive occupation of a property previously shared and excluding the other person from it.

4. Law affecting Children 

Law affecting children has been at the heart of the private sphere of the practice.  There has been considerable growth in the administrative and public law aspects of this crucially important legal area.

We represent clients both in Public Law and Private Law Cases.  Anne-Marie Kelly is a member of the Childrens Panel and is briefed by the Guardian Ad Litem Agency to represent children in Public Law Cases. 

We continue to advise parents and Guardians on their rights to contact with children, on all aspects of Parental Responsibility and those of former Spouses and Partners.  We have been at the forefront of providing representation and advice in this sensitive area.

If agreement cannot be reached then we will endeavour to help clients in progressing proceedings to achieve the most appropriate outcome.  We advise clients on the following matters relating to the care of children:

• Residence Orders
• Contact Orders
• Parental Responsibility Orders
• Specific Issue Orders
• Prohibited Steps 

We also represent mothers and fathers of children in whose lives there has been intervention by Social Services.