Litigation & Matrimonial

Commonly asked questions

Can you help me with tenancy disputes and/or to take possession of my property from a residential tenant?

Our team is very experienced in Residential Landlord and Tenant disputes and can advise and assist in any eviction proceedings from start to finish. The statutory requirements for notices sent to tenants are complicated and have been subject to significant change in recent years, leading to many landlords and estate agents being caught out by the complex rules. As most residential tenants cannot be evicted without a court order, it is important to get the procedures right; contact our team for expert advice on tenancy disputes and possession claims. The terms of the tenancy can be complex, depending on the terms of the agreement and the type of tenancy. Our experienced team can also advise you on all aspects of a tenancy dispute, including assisting with court claim against the defaulting party, whether this be for non-payment of rent, illegal sub-letting, disputes as to tenancy deposits, disrepair or other breach of the tenancy agreement by either the tenant or landlord.

I have a dispute with an employee / employer, can you help?

Our litigation team regularly advises both employers and employees in employment disputes, including unfair dismissal claims, disciplinary procedures, redundancies and advising on employment contracts. Employment disputes are often subject to very strict and tight deadlines and it is important to get professional and expert advice quickly. If you feel you need assistance with any employment dispute whether as employee or employer, contact us to arrange an appointment where we can go through the factual circumstances, the employment contract and any relevant minutes or correspondence so that we can provide timely advice to best protect your rights either as an employer or as employee.

What does getting a divorce involve, and how long can it take?

Initiating divorce proceedings is the first step in what is generally a 2 or 3 step process, depending on whether there are children under the age of 18-years to consider. The first stage is to apply for a Decree Nisi, which simply means the court does not object to the divorce. In uncontested applications, this can be accomplished in approximately 3-4 months. Steps 2 and 3 are lengthier as they involve negotiating the financial settlement and how access to the children will work in practice. They are not mandatory to obtaining a divorce, but are normally managed as part of the process. It is highly advisable to reach a financial settlement prior to obtaining the Decree Absolute (the dissolution of the marriage) in order to avoid unwanted complications in the future. The settlement made between parties is recorded in a Consent Order and becomes legally binding as soon as the Decree Absolute is issued. Our Family Law specialists will advise you on the danger of not taking this step during the divorce process. The court prefers that a divorcing couple agree the arrangements for their minor children between themselves, and will only intervene if an application is made by one of the parties. This can be done at any time and is not a part of the divorce process. If you are in any doubt about your right to see and care for your child during separation or divorce, please speak to our Family Law specialists who will advise you on how to protect your rights. It can take approximately a year to complete all 3 steps depending on the complexity of the case. If a couple is unable to reach agreement between themselves or via mediation on either financial settlement or childcare arrangements, the only way to achieve certainty is to ask the court to resolve the matter. Our litigation team offers a wealth of experience in navigating this complex area of law.

Are prenups becoming more commonly used?

Prenups (prenuptial agreements) are not legally binding, but if done properly can offer guidance to the court if a couple divorce and have to navigate financial settlement. More couples are considering their use to help, as far as possible, retain lump sums paid by parents towards buying a home or to protect assets for children of a previous marriage. For a prenup to carry weight, both parties must take independent legal advice and base their agreement on full financial disclosure. They must enter into the agreement willingly and at least 28-days before the marriage. It must also be fair. For the agreement to continue to remain fair, a review clause is required to accommodate changes such as having children, losing a job, experiencing serious illness, or simply the passage of 5-years.

I am experiencing violence from my partner in our home. What can I do to stop it?

Domestic violence covers a range of behaviour that includes physical, psychological, sexual, emotional or financial abuse. It applies to a range of family or other relationships past and present, including someone you lived with in the past. You can apply to the Family Court for a ‘non-molestation order’ in order to legally regulate how, or even whether, that person can interact with you. Such orders can extend to excluding a violent person from the family home (however this type of order must be sought within a few days of the use or threat of physical violence) and attach a power of arrest should the abuser ignore the order. Our experienced Family Law team can assist you with securing a non-molestation order in the event you are experiencing domestic violence

I have been left out of the will of my mother/father. Can the will or the distribution of the Estate be challenged?

Challenges to the distribution of an Estate usually follow one of two routes. Either a formal challenge to the will as invalid, or a claim under the Inheritance (Provision for Family and Dependents) Act 1975 because the deceased has not provided sufficiently for the reasonable maintenance needs of a potential Claimant. It is possible to challenge the distribution under a will if the Claimant had a relationship to the deceased as described in the Inheritance Act. Claimants can include children and adopted children of the deceased, co-habitants, former spouses or civil partners who have not remarried or entered into another civil partnership or persons that have previously been maintained by the deceased. Our team is experienced with dealing with all aspects of contentious probate claims, both on behalf of Claimants as well as beneficiaries that are resisting a challenge to the will or an Inheritance Act claim. Inheritance Act claims are normally subject to strict and short deadlines in circumstances that are often emotionally difficult. If you would like to take further advice on these difficult issues, either because you have a claim or because a claim has been made against the deceased’s Estate that you do not agree with please contact our team to arrange a preliminary interview.