You can apply for a divorce by submitting a Divorce Petition to the Divorce Court local to your area. The Petition must include details of yourself and your spouse, and the reason for the divorce. Once submitted to the Court it will be processed and sent to your spouse who will then be required to formally respond.
In general terms if the divorce is straight forward and your spouse co-operates it will take from 18 to 24 weeks.
It is important to have the papers checked by a Solicitor before returning the acknowledgement to the Court. Speak to a member of our Family team today who will be able to assist.
Where there are assets of the marriage it is advisable to make a formal application to Court to determine those issues if they are not agreed between you. We can help you with this so please contact a member of our team.
When determining how the house should be dealt with the Court has a duty to have regard to all the circumstances of the case, and the first consideration is given to the welfare of any children. Whilst it is preferable for the children to live in the family home, depending on the circumstances of a case this is not always possible.
A Clean Break Order is used following a divorce and means that each person’s financial affairs are completely cut off from the others. Without a clean break order your ex-spouse could make a financial claim against you at any time in the future, and so it is important to protect yourself. If you are concerned about this please contact our team today.
Parents are encouraged to work together to devise a parenting plan which is in the Child’s best interests. A child’s wishes and feelings can also be considered by parents having regard to the child’s age and understanding.
A Contact Order is made by the Court which determines the amount of contact the non-resident parent has with the child.
If there are regular and intentional breaches of an Order and communication is not possible with the other party you should consider making an application to Court for enforcement of the Order. If you find yourself in this position we can help you, so please contact one of our team today.
Your partner cannot legally prevent you from having contact with your child unless it is considered to be detrimental to the Child’s welfare or there is a Court order in place which prevents contact. If contact is being denied you should obtain legal advice with a view to making an application to Court for a Child Arrangements Order – we can help you with this.
If you are named on the Child’s birth certificate, or you were married to the Mother when the child was conceived or after they were born this gives you Parental Responsibility for the child, and this gives you certain rights, powers and authority by law.