Family Law

Relationship break up can be a very upsetting, distressing and frustrating time. Here at John Ross & Son we aim to help you through this difficult process with as little stress as possible.We recognise the importance of dealing with these sensitive personal issues in a non confrontational way, where possible. However if litigation is required, we have the expertise to ensure that you are properly advised and represented at all stages. We have an experienced team of matrimonial practitioners, Patricia Gaston and Gemma Smyth with a combined experience of over 30 years in practice. We offer a personal service as we believe it is important for you, the client, to have continuity in the conduct of your case. Your case will at all times be handled by a fully qualified solicitor. We will also advise you at initial interview regarding your possible eligibility for legal aid.

Divorce and Separation

John Ross and Sons can advise on all aspects of divorce and separation including financial and property issues. We appreciate that often clients are being asked to make important decisions at a time when they feel least equipped to do so. We at John Ross and Son are here to guide you through that process.

Non Molestation Orders, Occupation Orders and Injunctions

Where there has been domestic violence we can obtain any of the above orders for you depending on the facts of your case. Domestic violence includes many types of behaviours, not only physical violence, but violence in the form of threatening, intimidating or emotionally abusive behaviour.

We offer practical and sympathetic advice on how to protect yourself through the court process. We can put you in touch with other groups or resources who can provide you with practical help. If urgent help is required we are able to swiftly bring you to court to seek the necessary orders.

Children’s Order Proceedings

Divorce is a very difficult time for all parties and in particular for the children. It can be difficult to agree arrangements for the children with your partner, for example where they should live and how often the other parent should see the children. We believe it is important to attempt to agree arrangements as parents know their children best and are best placed to make decisions for them. We are committed to endeavouring to reach a negotiated agreement as practice shows these to be the most effective solutions and least stressful for the parties.

Regrettably this is not always possible and court proceedings to decide these matters may be necessary. If so, we aim to ensure that your case, from start to finish is conducted by the same solicitor in the office. Our solicitors are experienced in advocacy in Children’s Order matters and will appear on your behalf in any court proceedings where possible.

Care Proceedings

It is very frightening for parents when Social Services become involved in their and their children’s lives. This involvement may result in the initiation of care proceedings. We have considerable experience in acting on behalf of parents and relatives in care proceedings. If you are subject to an investigation by Social Services it is essential that you contact us immediately to seek legal advice.

Cohabitation Agreements

The majority of cohabiting couples do not have any formal arrangements or written agreements about their ownership of or interest in the family home. A cohabitation agreement can specifically record how the parties intend to share the proceeds of sale if the relationship breaks down. It can also deal with personal property. Time and effort invested in these matters at the outset, for example, before buying a home together, can save costs in the event of a relationship breakdown.

Pre nuptial agreements

If you are planning to marry you may wish to consider seeking legal advice as to how you will hold your individual assets and your position if your marriage unfortunately breaks down. While prenuptial agreements are not enforceable at present in Northern Ireland, the courts will look at them in the event of the breakdown of the marriage, to assist in determining the parties’ intentions regarding the division of assets. It may be of particular assistance where there are substantial assets or a business involved.

Specialists in this area are:

Patricia Gaston, Gemma Smyth