Family FAQ:
Q. What’s an injunction?
A. An injunction (or non-molestation Order as it is known legally) is an Order of the Court that protects a person from violence, threats of violence and/or harassment from another. In circumstances where there is an urgent need for the person to be protected an Order can be obtained on the same day. This can be done without the need for the perpetrator (‘the Respondent’) of the violence or harassment to be notified or present in Court. Once an Order is obtained it becomes enforceable once it has been served upon the respondent person. If the Respondent breaches any of the terms of the order it is a Criminal Offence and the Respondent should be arrested by the Police and dealt with in the criminal courts. Please contact our family department for further advice.
Q. What will happen to the children if I split from my partner?
A. The answer to this question differs depending on the circumstances in every case. Usually where the children will live is decided between the parents at the time of separation. At the same time arrangements should be made for the parent who the children will not be living with to have regular contact. If an agreement cannot be reached in relation to either where the children should live or what contact should be arranged it is important to seek legal advice. Usually following advice proposals can be made and the issues resolved. Please contact our family department for further advice specific to your problem.
Q. How soon can I get a divorce?
A. You cannot start divorce proceedings until one year from the date of your marriage. It is possible to get everything prepared before this date so that your divorce can be started as soon as you reach your first anniversary. Once divorce proceedings have been started they are usually completed within 4 to 6 months. Sometimes a divorce can take longer in circumstances where it may take time to find your spouse or where there are lots of financial assets. In most cases even those with lots of financial assets to be resolved there are many ways of aiding a swift settlement. You would be fully informed of the proceedings along the way. Once you take legal advice from our family department we can usually give you a good estimate of the time frame involved at the outset.
Q. Can I get free Legal help?
A. When you come for legal advice we would initially assess whether you are eligible for Legal Help or legal aid. We offer free appointments to check your eligibility. When you make an appointment for this purpose it is essential that you let the receptionist know. You will need to bring in evidence of your income and we can calculate whether you are eligible or not. In most cases where you are on a low income you will be eligible however each case does need to be calculated individually. This is a simple calculation that we will do for you at your appointment.
Q. What’s a Lasting Power of Attorney?
A. A lasting power of attorney (LPA) is a document that allows a person (‘the Donor’) to appoint a person or persons as an attorney. There are two types of lasting power of attorney; one is for property and affairs and the other is for personal welfare. When an LPA is created it must be registered with the Office of the Public Guardian who holds a register of all LPA’s. Once it has been registered the attorney can act in accordance with the terms of the LPA. The special feature of an LPA is that the authority to act on behalf of the donor continues even if the donor becomes mentally incapable and unable to make decisions for themselves. The LPA has to be signed by all parties to it and must be certified to confirm that the donor is making the decision to enter in to an LPA of their own free will and they are making an informed choice. If you are interested in making an LPA or have any queries relating to an existing one please make an appointment to see one of our family team. We are able to certify the Lasting Power of Attorney in most cases.
Q. I'm being abused - what can I do?
A. It is important to remember that abuse comes in many forms and can be emotional, physical and sexual amongst others. If you feel you are being abused you should take action immediately. Often it takes great courage to make the first step in taking action against abuse but this should not deter you. The sooner you take that first step the sooner the abuse will come to an end. The most vital issue is to ensure your own safety and the safety of any children or elderly in your home. It may be that you require the assistance of the police. In any case of abuse it is essential that you get the appropriate help and fast. We have expert advisors who can assist you with your particular problem and ensure that we advise you as to your options for the next steps. Taking action is your own choice, however we can assist you by letting you know what your legal options are and following them through when you are ready. We also have links to other services which you may need in times such as this including the Police Family Safety Unit, The Refuge, housing advice and many more. If you are being abused speak in confidence to one of our team, we are here to help you reach safety.
