How do I petition for a divorce?
What about the children?
What does the court consider when making
orders about children?
When are financial details sorted out?
Will funding be available?
What is mediation?
How do I petition for a divorce?
If you have been married for over a year you can apply
for a divorce.
The ground for a divorce is that the marriage has irretrievable
broken down.
The ground has to be backed up by one of five facts -
| • |
Adultery |
the other party has committed adultery and you
find it intolerable to live with them |
| • |
Behaviour |
the other party has behaved in such a way that you can not
be expected to live with them |
| • |
Desertion |
the other party has deserted you for a continuous period
of at least 2 years |
| • |
2 years separation and consent |
you have lived apart for 2 years and the other party consents
to the divorce |
| • |
5 years separation |
both parties have lived apart for five years |
What happens next depends on your particular circumstances. If
you think your case falls into one of these categories please
contact the family team who will help you to make the application
and will explain the rest of the process.
For more detailed information please read our divorce procedure
fact sheet.
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What about the children?
On every divorce petition a form is sent to the Court
which outlines the arrangements relating to the children, the
law encourages couples to agree the arrangements beforehand.
If no agreement has been reached this will not prevent the divorce
from proceeding.
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What does the court consider when making orders about children?
The Court's paramount consideration will be what is
in the child's best interest. It will only make an order if it
is really to the child's advantage.
In making a decision the court take various factors into account
including:
| • |
The child's own wishes |
| • |
The child's physical, emotional and educational needs |
| • |
The child's age, sex, background and other relevant considerations |
| • |
Any harm which the child has suffered or might suffer in
the future |
| • |
How able the child's parents or other relevant persons are
to meet his/her needs |
| • |
How the children might be affected by any change in circumstances |
| • |
The powers available to the court. |
Contact the Family team
for more information about how the court makes these decisions
and the orders that can be made.
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When are financial details sorted out?
Financial discussions may not have been completed by
the time the divorce is finalised. If the finances are complicated
the discussions may only be in the early stages.
If there are any immediate problems these can often be resolved
through temporary maintenance arrangements. Public funding from
the Legal Services Commission may be available.
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Will funding be available?
Public funding may be available to help pay for the costs
of your case. There is no easy answer to this question as your
personal circumstances and the circumstances of the case are taken
into consideration.
More information about funding is available in our Funding fact
sheet.
Please contact a member
of the team to discuss whether funding will be available to you.
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What is mediation?
Mediation is an alternative to starting court proceedings.
In most cases you will have to have a meeting with a Mediator
before you can apply for a funding certificate.
Mediation involves you and your spouse attending sessions with
a trained Mediator to try to reach agreement on issues that have
arisen between you, these can range from children to finances.
If you reach an agreement you will still be able to obtain legal
advice from us about the agreement and consult us during the mediation
process.
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