Dervla’s divorce settles on grounds of unreasonable behaviour
3 minute read
Matrimonial law case study.
Dervla was told by her husband that their marriage was over and didn’t give a reason for coming to his decision. This understandably upset her a great deal. They were a young couple in what she thought was a happy and loving marriage. Soon after, she arrived home and found her husband with another woman in the marital bed.
Family and Matrimonial law in Northern Ireland
Dervla contacted McCartan Turkington Breen’s Family and Matrimonial Department with a view to obtain legal advice. She had a long emotive consultation with Enda Lavery who advised that there were grounds for divorce on the basis of the husband’s behaviour. She could proceed on the ground of adultery or his unreasonable behaviour. Enda put a financial agreement in place after the mutual disclosure of documentation and agreed on a set of particulars in the petition for divorce that were acceptable to the husband and allowed Dervla to proceed on the grounds of her husband’s unreasonable behaviour.
Enda made it clear to the husband that if he did not agree that he would simply adopt a more aggressive approach in relation to the unreasonable behaviour and adultery. By agreeing to the settlement, the particulars of the unreasonable behaviour were toned down and the process proceeded more quickly. This led to a successful financial settlement that both parties were happy with. Dervla and her former husband paid for their own costs on the financial settlement. Although devasted by the ordeal, Dervla was pleased that it could be resolved quickly and she was left in position in which she could move on with her life.
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