Divorce, Separation & Family Law
Experience tells us that issues such as divorce, separation, domestic abuse, harassment, seeking contact with your children or social service involvement in your family are emotionally charged, challenging, exhausting and sometimes, if we are honest, frightening and overwhelming.
These are matters that require advice that is technically rigorous, strategically considered and delivered by practitioners who understand what is at stake. We offer support, clear and straightforward advice and a promise to protect your best interests at all times.
Our team of specialist family lawyers will represent your interests in a dynamic and decisive way, dealing with issues promptly, thoroughly and compassionately. The DMC matrimonial team acts for clients across Northern Ireland in high-value and complex family work, handling financial settlements involving private company shareholdings, agricultural and farm partnership interests, inherited and trust-held assets and pensions.
Janice Spence heads up the family department and has over twenty years of experience in matrimonial and family law and a deserved reputation for consistently yielding results when dealing with novel or difficult circumstances. Janice specialises in high value and complex divorce and matrimonial cases. As a member of the Guardian Ad Litem panel, the Children’s Order panel, a qualified collaborative lawyer and advanced advocate, she has a huge range of skills and experience to draw on whether acting for spouses, parents or children.
Lynne Mounstephen joined the department from a leading Belfast practice and brings over twenty years of family law experience to DMC. She leads on separation agreements and on divorce and ancillary relief proceedings involving complex business and commercial assets and farm partnership structures, and advises on residence and contact applications as part of these cases. She also represents children on behalf of the Northern Ireland Children’s Court Guardian.
The team is built around these two senior matrimonial practitioners, each leading their own caseload and supported by a settled professional network of counsel, forensic accountants, actuaries, business valuers and tax advisers brought in as each case requires.
DMC Can Assist You With
- Divorce & Separation
- Contact and Residence
- Care Proceedings
- Non Molestation Orders
- Occupation Orders
- Adoption
- Civil Partnerships
- Pre-Nuptial and Co-habitation Agreements
- Domestic Abuse
Divorce and Separation
As Lisburn’s leading matrimonial practice we know emotions can run high and it can be difficult to make rational decisions during a divorce or separation. If you have taken the decision to divorce or separate, or if your spouse or partner wishes to separate from you, it is essential that you seek legal advice as soon as possible.
You don’t need a court order to become legally separated; the physical act of leaving the relationship is sufficient. You can reach agreement in relation to arrangements for children, payment of maintenance and division of savings, debts and assets, including any property. DMC can help settle matters by negotiating and drafting a Separation Agreement between you and your partner.
A Court can only issue a Decree Nisi for divorce if it is satisfied your marriage has irretrievably broken down. This can happen in five different ways: if one party behaves unreasonably; if one party deserts the other; if one party commits adultery; if you and your spouse have lived apart for two years and your spouse consents to the divorce; or if you and your spouse have lived apart for five years.
We can assist in resolving all financial and childcare issues by discussion and negotiation, then prepare a Full and Final Separation Agreement. This can then be made an order of court as part of your Divorce Petition. If we cannot help you resolve matters regarding finances through negotiation then we will issue a Divorce Petition and an Ancillary Relief application on your behalf.
Contact and Residence
We know it can sometimes be difficult to reach agreement about arrangements for children. It is often seemingly impossible to decide where children will live and how much contact you or your spouse might have. At DMC the child’s best interest is always at the centre of all decisions we help you make. We strive to help you reach an amicable arrangement wherever we can. If agreement can’t be found we will represent your interests in Court and assist you, where appropriate, to engage with the Court directed mediation process.
Care Proceedings & Social Services
The Children (Northern Ireland) Order 1995 empowers a Trust to issue an application for a Care Order for the removal of a child. Social Services can only seek a Care Order if they believe the threshold criteria is met and that the child is suffering, or is likely to suffer, significant harm.
It is vital that you contact us urgently if you are invited to a pre-proceedings meeting with the Trust, as we can attend with you and offer advice and support. If the Trust does insist on seeking a Care Order from the court, you will be able to rely upon our experienced and skilled team to fight your corner and support you each step of the way through the court process.
Domestic Abuse
In Northern Ireland domestic crime is on the rise, with 2014/2015 recording the highest level since statistics began: 28,287 incidents were reported to the PSNI, an incident roughly every 19 minutes of every day.
You do not need to suffer in silence in the hope that it is a passing phase. These are agencies willing and able to help: PSNI, Women’s Aid, Men’s Aid, Social Services, Relate, Family Mediation NI, Victim Support NI and NIHE/Housing Associations. You can call Women’s Aid 24 hour domestic and sexual violence helpline on 0808 802 1414.
At DMC we offer support in tandem with the agencies listed above. We can help you access the help needed, and offer a holistic and thorough approach, assisting you in negotiating with the Housing Executive, Benefits Agency, Social Services and voluntary agencies. Do not continue to suffer in silence, we are here to listen and help.
Speak to a specialist
Janice Spence
Contact Janice on 02892 601421
Would you like to find out more?
Get in touch today for straightforward, practical legal advice.