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DIVORCE & SEPARATION

1. Do I need a Solicitor?

The difficulty with a Divorce is that sometimes it can be straight forward and at other times more complex. Often a small drafting error can cause problems and delay. We would highly recommend using a Solicitor to advise in relation to Divorce Proceedings and to prepare the necessary paperwork. It is best to use a Solicitor from the outset rather than perhaps paying later for the services to “unpick” problems which may be more costly than the savings you set out to achieve initially.

2. When Can I Get a Divorce?

Firstly, you need to have been married for at least one year. Secondly, you need to show the marriage has broken down irretrievably. When considering your circumstances, we will always explore with you whether or not there is a possibility of a reconciliation with your partner. In order to show whether the marriage has broken down, you need to prove one of five facts. These include “adultery”, “unreasonable behaviour” and a period of separation. We will be able to advise you of the necessary details to “prove” a fact and which could be the best way forward for you. Our aim is always to consider a way forward without causing any unnecessary acrimony between yourself and your spouse.

3. Can I Get Public Funding (Legal Aid) for a Divorce?

Often Public Funding is available to advise and assist you in relation to your Divorce. If you are eligible for Public Funding, you will be exempt from paying Court Fees usually payable. We shall be pleased to meet with you and ascertain your eligibility for Public Funding. If not, available, we will provide you with an estimate of costs from the outset.

4. Who Pays for the Divorce?

You will be required to pay the costs of your Solicitor. If you are the Petitioner in Divorce Proceedings (ie you file for Divorce) you may be entitled to seek an Order that your partner pay the costs. Sometimes, you may wish to reach agreement about costs with your partner at the outset of the Divorce. We can advise and assist you in relation to this.

5. What About a Judicial Separation?

When you decide to separate from your partner, you do not have to enter any legal arrangement confirming your separated status. A Petition for Judicial Separation is rare and is generally available for those who have strong feelings about “Divorce”. There are disadvantages of having a Judicial Separation rather than a Divorce and we can advise you about this. For example, certain financial arrangements are not available.

6. What Do I Need to File a Divorce?

You will need to give us your Marriage Certificate to enable us to prepare the Divorce papers for you. If you do not have your Certificate (for whatever reason) it is possible to obtain it from your local Registry of Marriages. We may need further information from you depending on your circumstances.

7. What if there are Problems Serving the Divorce Papers on my Partner?

Once the Court receives the Divorce papers, they will be issued and served on your husband or wife. There can often be problems at this stage. Common problems are that Divorce Petitions are ignored, thrown away or your partner seems to evade service altogether. There are ways that these difficulties can be overcome and we can assist you with this.

8. What is Decree Nisi?

If the Judge is satisfied that the marriage has irretrievably broken down, a date is fixed for pronouncement of Decree Nisi. You can attend the Decree Nisi Hearing if you wish but there is no requirement for you to do so (unless there remains a dispute regarding costs).

9. What is Decree Absolute?

The marriage is only dissolved once Decree Absolute is obtained. You will then be free to remarry if you wish. You can only apply for Decree Absolute six weeks after the date of Decree Nisi (unless there is some particular urgency).

10. What About the Children’s Position on Divorce?

The Court used to make Orders regarding children on divorce (“Custody” and “Access” Orders). This no longer applies. The Court wishes to be satisfied that the children are being cared for and that suitable arrangements are in place for them, but no more than this. The Court hopes that parents will make their own arrangements regarding the children. Only if there are specific issues, will the Court intervene and this would be on a separate application, separate to the Divorce Proceedings.

11. Who Can I See to Advise Me About a Divorce?

Hooper & Wollen have a strong team of Family Lawyers many of whom are Members of the Solicitors Family Law Association and various specialist panels showing the Firm’s high level of expertise in this field.

It is important that you instruct someone in whom you have confidence and we will ensure that this happens.