COMMON LAW MARRIAGE - THE MYTH

Ceadhrá Cummings • 10 September 2025

Common Law Marriage – The Myth


Are you in a living with your partner but remain unmarried? You may think you are in a ‘Common Law Marriage,’ but in fact, no such thing exists.


Unmarried couples do not have the same legal obligations to one another as their married counterparts. Unfortunately, this means that if a separation occurs, a multitude of issues can arise in relation to property and division of finances.


Unless assets are held jointly, unmarried couples have limited recourse to an ex-partner’s property, financial assets, or belongings, pension or financial support regardless of the duration of the relationship.


If living together with a joint mortgage it is important to recognise that as both parties are named jointly on the mortgage, regardless of who remains living in the property, both are jointly and independently liable for the mortgage payments. This often leaves one partner in a very vulnerable position where they cannot afford to pay the full mortgage and the other refuses to contribute.


If you have a joint mortgage and the relationship breaks down, it is often the case that one partner will make financial enquiries to secure a mortgage in their sole name. This is not always possible though depending on financial circumstances.

In some cases, it may be possible to make a financial claim against an ex-partner, even if you weren’t married but this will all depend on the circumstances.


The legal consequences of living with your partner can be widespread but unfortunately cohabiting couples rarely seek legal advice until the relationship breaks down. This can leave many couples in a stressful and vulnerable situation. You should therefore seek legal advice at an early stage if you are entering into a cohabitation relationship. At this early stage, our office can assist you in drafting a written Cohabitation Agreement on what is to happen in the event of subsequent separation and in so far as it affects property.


At Donnelly & Kinder we can provide specialist tailored advice in this particular area of law and provide guidance in terms of dispute resolution, division of assets and all aspects of child law for married and unmarried couples alike. Please contact info@donnellykinder.com or phone us at 02890 244 999 for more information.

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Complex Personal Injury Claims

by Shauna O'Hara • 18 August 2025
Why Complex Personal Injury Cases Require Specialist Expertise Personal injury law is constantly evolving. In 2025, complex personal injury claims involving serious injuries, industrial diseases, and medical negligence are becoming more common as low-value claims decline. If you or a loved one is facing a complex injury claim, understanding why specialist legal expertise matters can help you secure the best outcome. What Are Complex Personal Injury Cases? Complex PI cases often include: Catastrophic injuries such as brain or spinal damage Industrial disease claims (e.g., asbestosis, mesothelioma) Medical negligence and delayed diagnosis cases Claims requiring expert medical evidence Situations with multiple defendants or complex liability These claims usually involve high-value compensation and require in-depth legal and medical knowledge. Why Choose a Specialist Personal Injury Solicitor? 1. Expert Medical Knowledge and Case Preparation Specialist solicitors collaborate with medical experts to interpret clinical evidence and build strong cases that support maximum compensation. 2. Skilled Case Management Handling complex claims demands meticulous organization, coordination of evidence, and meeting strict legal deadlines. 3. Compassionate Client Support Serious injuries often cause emotional and financial hardship. Specialist solicitors provide tailored advice and ongoing support throughout your claim. 4. Maximising Your Compensation From long-term care costs to lost earnings and rehabilitation, experienced solicitors ensure you receive comprehensive damages. 5. Navigating Legal and Procedural Complexities Experienced teams are adept at managing negotiations, court proceedings, and interactions with multiple insurers or defendants. Real-Life Case Studies Brain Injury and Spinal fractures Claim Following a severe workplace accident, we secured a significant settlement for our client who also had a claim for future wage loss, loss of pension and prejudice on the labour market. Industrial Disease: Asbestosis We successfully represented a client exposed to asbestos at work, tracing liability across several companies to obtain substantial compensation. Accident at work – pelvis and groin injuries The contractor denied he owed any duty to the subcontractor who fell from makeshift scaffolding suffering a ruptured urethra and injuries to his perineum, lower abdomen and back. We secured a six figure sum for him without the need for a court hearing. Frequently Asked Questions (FAQs) How long do complex personal injury claims take? These cases can take months to years due to extensive medical assessments and legal processes. Will my case go to court? Most cases settle outside of court, but your solicitor will prepare to litigate if needed. How is compensation calculated? Compensation considers medical expenses, lost earnings, care needs, pain and suffering, and future financial losses. Contact Donnelly & Kinder for Expert Personal Injury Advice If you’re dealing with a complex personal injury claim, you need a solicitor with specialist knowledge and experience. At Donnelly & Kinder, we combine legal expertise with compassionate client care to secure the best results. Call or email us today for a free, confidential consultation

FIRST TIME BUYERS

by Céadhra Cummings • 17 June 2025
Are you buying your first home? If you are a first-time buyer searching for your first home the process can seem daunting and overwhelming. At Donnelly & Kinder our experienced team have been providing expert conveyancing services for over 20 years, and we can help make the process as seamless as possible. The process of buying your first home begins with the Estate Agent. Once you have viewed the property of your dreams you will need to make an offer with the Estate Agent. Once your offer is accepted you will then be asked to provide the Estate Agents with our details. We will then receive the details of your purchase, and we can begin our work. If you are obtaining a Mortgage to assist with the purchase, our experienced team can point you in the right direction. Appointing a Mortgage Advisor may assist you at this stage and we would be happy to refer you to a local and reputable Mortgage Advisor. Once your Mortgage Offer is received, we will also act for your Lender in the transaction. We ensure that you thoroughly advised as to the legal implications of a mortgage so that you can make the best decision possible. Additionally, if you are using a Help to Buy ISA or a Lifetime ISA to assist with your purchase, we will use our experience and expert advise to guide you. We have a wealth of experience when it comes to ISAs and we can advise you what steps are taken to ensure these funds, together with any bonuses due, are drawn down accurately and in a timely manner. We will then liaise with the Seller’s Solicitor requesting Title Deeds and a contract for the property in sale. Our expert team will then review all documentation received and raise any relevant queries. Once we have received everything that we need to satisfy us in respect to the Title to the property, we will then arrange an appointment to meet with you. At this appointment you will be provided with a fulsome report on title, and we will take you through everything you need to know. At this meeting you will sign the Contract and your Mortgage documentation. We will also discuss a completion date that suits both you and the Seller. We will release the signed Contract to the Seller and await the returned countersigned Contract. Once all parties have signed the Contract and it is returned, it is legally binding. We will request your Mortgage Lender sends us your Mortgage funds on completion date. On the date of completion, we will forward these monies together with any additional monies required from you to complete. Once the purchase funds are received by the Seller’s Solicitor they will authorise the release of the keys to you. Once this happens, you can collect the keys to your new home! We can make the first-time buying process easy for you. Contact our office by phone at 028 9024 4999 or email us at info@donnellykinder.com.

RESIDENCE

by C Cummings • 14 April 2025
Are you a parent who has recently separated from the father/mother of your children? A relationship breakdown is a painful time for both parents and the children of a family. It can be made even more painful when arrangements for the children cannot be agreed between both parents. Mediation is typically advisable as a means of negotiating a solution in the best interests of the children. However, in some cases mediation is unsuccessful and an application to the Family Court will need to be made. One question that may arise is where the child will reside, this is referred to as the child’s ‘residence’. Residence refers to where a child will live for the majority of the time. When a relationship breaks down, the question of residency can become a disputed matter. Residency can be resolved by agreement; however, the matter may need to be referred to the court. If you wish to receive tailored advice in relation to your individual family circumstance, please contact our team at Donnelly & Kinder Solicitors. A resident parent will be responsible for making the day-to-day decisions concerning the child. However, if the other parent holds Parental Responsibility, their input will be needed for bigger decisions relating to the upbringing of the child. Residency does not need to be court ordered, however, if there is a Residence Order in place this will define were the child lives until they reach the age of 16. In most cases there will be a resident parent, this is the parent with whom the child lives for the majority of the time. The other parent will then be considered the parent who is having ‘contact’ with the child. ‘Contact’ can range from indirect contact such as the exchange of letters, gifts, cards, text messages etc. to direct contact such as overnight stays. Contact arrangements will vary depending on the individual circumstances of each family. Contact can be court ordered by way of a Contact Order or can be simply agreed between the parents. It is also possible that a shared care arrangement can be agreed between the parents. Alternatively, a Joint Residence Order can be made by the court, which creates a shared care arrangement between the parents. If circumstances change after any court order is granted, an application can be made to ask the court to vary or discharge any order made. If the above is relevant to your circumstances, you will require a Solicitor who is both experienced and empathetic. At Donnelly & Kinder Solicitors, we tailor our advice to your own unique circumstances to achieve the best possible outcome for you and your family. We advise on all aspects of family law including Divorce, Matrimonial Agreements, the division of matrimonial finances and Ancillary Relief. Please contact Céadhra on 02890244999 or ccummings@donnellykinder.com for more information