Divorce & Family

To get a divorce, you must be able to demonstrate that your marriage has irretrievably broken down. You must be able to prove the following:

• Your spouse has acted unreasonably;
• Your spouse has committed adultery;
• Your spouse has deserted you for a continuous period of two years;
• You and your spouse have been separated for at least two years and you are both in agreement to the divorce proceedings;
• You and your spouse have been separated for at least five years.

A standard divorce can take between 6-8 months, provided that it is not contested. If a divorce is contested then this timescale will be longer and it will depend on when outstanding issues are resolved.

If matters are uncontested, and you have already agreed with your former partner your divorce and financial arrangements, there will be no requirement for you to attend court. Your divorce will be processed based on your paperwork. If you not agreed on part or all of your financial arrangements, you will be obliged to attend Court.

The law gives no automatic rights to unmarried partners in this circumstance. However, in certain circumstances, you may have a claim. This includes:

• If you have made financial contributions to the purchase of the home;
• If you have provided money for the improvements to the home;
• If you have children with your former partner.

It is recommended that you speak with one of our specialist solicitors who can guide you through the process.

This will depend on who owns or rents the property. There are other factors that re relevant such as children and their welfare, as well domestic abuse. There are many factors that help determine whether either of you has a right to stay in the home.

If is recommended that you seek specialist legal advice where neither of you are willing to leave the property.

In the event of domestic abuse you should contact us immediately and we can look to obtain an injunction for you or your children.

If the bills are in your name or in joint names, you will be still responsible for paying the bills. It is very difficult to recover contributions by your former partner in the future if they have left the property.

If you do not pay, the utility company will pursue either or both of you for the outstanding amount.

A cohabitation agreement is a legally binding contract that an unmarried couple can enter into. This contract regulates the couples finances and arrangements for living together. It may seem unromantic, but it will save a lot of problems later on should you separate.

Parental responsibility means the legal rights, powers duties and responsibilities that a parent has for a child and the child’s property. A person with parental responsibility has the legal rights to about the child’s upbringing such as:

• The child’s name
• Where a chid lives
• Whether the child has certain medical treatments
• The child’s religion
• How and where a the child is educated

These decisions must be agreed with anyone else who has parental responsibility.

The following people have automatic parental responsibility:

• All birth mothers;
• Fathers married to mothers at the time the child is born
• Fathers who are not married to the birth mother, but are registered on the birth certificate
• Partners of the mother who are registered as the legal parent on the child’s birth certificate

If you are unable to agree arrangements for your children with the other parent, it is vital that you seek legal assistance.

It is vital in the first instance to attend mediation to attempt to resolve your differences. Mediation is a process where both parents discuss issues in dispute with the assistance of a mediator in an attempt to reach an agreement without going to court. If you are still not able to reach an agreement, it may necessary to make an application to the court.

A child arrangements order is an order setting out the following:

1. Who the children will live with and when
2. Who the children will spend time with, or have contact with and when

The Court may order that a child lives with one parent or both parents and specify when the child lives with each parent.

If the child lives with one parent, the Court may order when the child is to have contact with the other parent. Decisions over contact can be made by a judge and the following arrangements can be made:

• Direct contact-this is face to face contact with the child
• Indirect contact- letters, cards and gifts
• Supervised contact- This is contact which is supervised by a suitable third party or at a contact centre

The Court can also add conditions and directions to a child arrangements order. This includes not taking a child to a specific place or taking certain parenting courses.

If a parent fails to comply with a child arrangements order, the court can take enforcement action against them, and in very exceptional circumstances, can imprison a parent for failing to comply with the order. If you believe that you have a good reason for not complying with a child arrangements order, you may apply to the court to have the order varied.

A specific issues order is an order the court can make when two parents cannot agree about an important decision in the child’s upbringing. This includes:

• The child’s name or surname
• The child’s religion
• The child’s education including which school the child attends
• The child’s health

The Courts are not likely to be involved in less important decisions about the way you bring up your child.

It is advisable that you obtain a prohibited steps order as soon as possible. A prohibited steps order is a court order which forbids a parent from taking a certain action in relation to the child. This includes:

• Removing your child from your care;
• Taking the child abroad
• Removing your child from school
• Bringing your child into contact with certain people
• Changing the child’s surname

The Court has the powers to make these orders without the other parent being present in the case of an emergency.

Both you and your spouse will have financial claims against the other. The starting point will be the equal division of everything you both own including capital and income. Various other factors will then be taken into consideration to decide is an equal division of assets is a fair division based upon your circumstances. This includes:

• Needs of your children
• Income, earning capacity, property and other finance financial resources of each party
• The age of each party
• Any physical or mental disability to either party to the marriage
• Contributions each party has made to the family or family home
• The financial needs and obligations of each party
• The standard of living enjoyed by the family prior to the breakdown of marriage
• The conduct of each party

Both parties to the divorce have a duty to give the other full and frank financial disclosure using a financial form, ‘Form E’. The court will direct you both to complete and exchange a Form E which will include each party’s:

• Assets including property
• Savings
• Income
• Investments
• Pensions
• Bank accounts
• Liabilities

Both parties will be obliged to provide supporting evidence to the other so that you have a clear picture of the other’s financial position.

It is advisable that you both seek independent legal advice upon making any agreements with your spouse.

You can set out any agreements you have made in a consent order and file this with the court. Both parties must sign this for the consideration of the judge. You will also need to complete a basic financial statement of information for the court’s consideration. The Judge will usually approve the consent order by sealing it. One an order is sealed by the court, it will be legally binding on the both of you. It will usually become effective from the final decrees of divorce is granted.

If you do not have your agreement sealed by the Court and approved by a Judge, your agreement will not be binding. Your financial claims against each other will continue in the future even after divorce.

A clean break order is an order which allows you to break all financial ties with your spouse. Once a clean break order has been made, all financial claims in the future are dismissed and neither spouse can make a claim for money or assets. This enables both parties to the divorce to move forward and be financially independent of one another.

Even if you do not have any assets at the time of your divorce, it is still vital to get a clean break. Your spouse’s ability to make a financial claim will continue to exist even after you have a divorce. In certain circumstances, a clean break may not be appropriate especially if there are children involved.

If a clean break is appropriate, you must make an application to the court and have the order sealed. Without this order, there is always a possibility that you could be faced with a financial claim in the future.