The breakdown of a relationship is an extremely difficult and emotional time for anyone and here at QualitySolicitors Oliver & Co we try to make the process as easy and amicable as possible.

It is often difficult to know where to start in dealing with the issues that can arise from a separation and we will guide you through the process explaining every stage as it happens, whether it is through a divorce or a separation.

We can assist you in preparing all the necessary legal documentation to issue a divorce at court, and we can deal with all the other issues which will result from that including advising on financial matters and any potential disputes regarding any children. If it isn’t a divorce you want then we are more than happy to advise you on the practical issues which arise following separation and we can draft appropriate legal documentation to secure any agreement between separating couples.

Divorce proceedings bring an end to a marriage so that husband and wife revert to their single status. Judicial separation proceedings are an alternative to those married couples that do not wish for religious reasons to divorce, a judicial separation does not bring an end to a marriage but separates you legally in the eyes of the law and then the law can then provide for the division of the family assets, with the exception of pension provision.

There is one sole ground for divorce which is irretrievable breakdown, but this must be proved by one of 5 facts ; adultery, unreasonable behaviour, 2 years separation with consent, 5 years separation without consent and desertion after 2 years. Your marriage certificate is required to issue the petition at court and a fee is payable, which you may be exempt from paying if you are eligible due to your income. The court will determine this.

If there are children of the marriage or children who have been treated as children of the family, the petitioner will also have to provide details of with whom the children are to live, what level of contact the other party should have and what level of maintenance should be made. This is called a Statement of Arrangements for Children.

Legal Aid may be available to you to cover the cost of representation for divorce proceedings, although this may have to be paid back once finances are resolved if money/property is recovered.

We understand that it is a major decision to make to come and see a Solicitor and therefore we offer a free 20 minute initial interview to give you advice and help you decide the best way forward.

Questions

How long will it take to obtain a divorce?

From issuing your petition for divorce to obtaining the Decree Absolute which dissolves your marriage can take approximately 4 to 6 months but this is dependent on your partner not defending the petition and replying to your petition within the given time table. If your partner fails to cooperate we will take steps to prove service of the petition upon your partner to ensure your divorce can proceed.

How much will it cost me?

We will fix the cost of your divorce so that you know exactly how much it will cost you. You may have the option of seeking costs from your partner.

How do I resolve who stays in the house and how much income, capital and pension I will receive?

You and your partner are required to provide full and frank disclosure of your income, capital assets and pension provision. With this information, we can advise you what you are likely to achieve by way of settlement. We will prepare the necessary Court documents to record any agreement reached to ensure the agreement is legally binding and enforceable. To help negotiations you can attend mediation or enter the collaborative process. Our aim is to keep matters as amicable as possible for you and to avoid Court proceedings. If however you can not agree or your partner will not provide the information required, you can issue Court proceedings to resolve this matter.

What happens if we can’t agree arrangements for our children?

If possible it is better to agree between you where the children live (custody) and how much contact the other parent has with the children, if you cannot agree then you could both attend mediation to facilitate discussions and assist you in agreeing the arrangements. If that is not successful then either one of you could make an application to the court for a contact or residence order (custody), to decide where the child will live or to deal with a specific issue, for example where the child goes to school. Child maintenance would also need to be paid to the parent who has the full time care of the child. This can be dealt with through the Child Support Agency. The amount depends on your income and how many children you have, and also depends on the number of overnight stays you have the children.

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