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We have only been married a short time when
can I start a divorce ?
You cannot start a divorce until you have
been married for at least 12 months and you
must show that the marriage has broken down
and cannot be saved
How do I show the marriage has broken down?
The law says you may be able to get a
divorce if you can show one of the
following:
1.Your partner has slept with someone else
and you find it difficult to carry on living
with him or her ["adultery".]
2. Your partner has behaved in a way that
makes you think you can’t carry on living
together ["unreasonable behaviour".]
3. You and your partner have been separated
for at least 2 years before you started the
divorce and your partner agrees that you
should both divorce.
4. You and your partner have been separated
for at least 5 years before you started the
divorce, [your partner does not have to
agree to the divorce]
5. Your partner has deserted you at least 2
years before you started the divorce.
Your solicitor can help you decide which of
these is the best one for your case, use the
search tool on the site and enquire with
your nearest firm.
6. What if we can’t carry on living
together, but we don’t want a divorce?
You can apply to the court for a separation,
this is known as a "Judicial Separation" or
you can simply decide to separate without
involving the court.
7. What do I need to prove to get a legal
separation?
You need to prove one of the same grounds as
for divorce. You do not need to have been
married for 12 months or more
8. Can we just decide to separate without
involving the courts?
Yes.
But, the advantage of using the court for a
legal separation is that you can then also
sort out any disagreements about who is to
care for the children and also disagreements
about dividing the money and property. A
court order will stop your partner from
breaking the agreement.
If you and your partner can agree about
money matters and the children you may still
want your solicitor to draw up a document to
show what has been agreed, this is called a
"Deed of Separation". For this you will not
need to involve the court, only a solicitor
is required.
9.What is a Decree Nisi?
This tells you that your divorce is almost
completed.
When the court gives you your Decree Nisi
you have to wait 6 weeks and 1 day before
you can make your divorce final. This is to
allow time for anyone who objects to the
divorce to tell the court why they object.
After 6 weeks and 1 day you can apply for
the "Decree Absolute".
This means your divorce is completed and you
are no longer married to your partner.
In judicial separation proceedings you
obtain a "Decree of Judicial Separation"
instead of the Decree Nisi & Absolute.
You are then legally separated but remain
married
10. My partner has started the divorce
proceedings. What should I do?
If your partner starts the divorce you will
be sent copies of the divorce papers by the
court. This will include an "Acknowledgment
of Service" form.
You must fill in this form to say whether or
not you agree to the divorce, you must then
send this form back to the court.
If you do not want a divorce you may need
the help of a solicitor to defend the
divorce. You should put on the
Acknowledgment of Service form that you
object to a divorce. You are then required
to file an "Answer" explaining why you
object.
11. My partner owns the property in which we
live/or only their name is on the rent book.
Will I have to leave if we separate?
Not necessarily.
If your partner owns the property in which
you live and you and your partner are
married then your solicitor can protect your
interest by registering a "Notice" on the
title deeds to the property. This warns
other people that you have an interest in
the property.
If your partner tries to sell the property
without you knowing then this notice will
tell any buyer that you have an interest in
the property. This will also stop your
partner re-mortgaging the property without
you knowing.
This will protect your interest until your
solicitor is able to apply to the court for
a judge to decide whether you should stay in
the property or not.
The judge has the power to transfer the
property to you even if it is not in your
name.
The judge can also decide whether the
property should be sold and whether you
should receive money from the sale.
If the property is rented the judge can
still decide to transfer the property to
you, the council will have to put your name
on the rent book.
My partner has changed the locks to our home
and won’t let me back in.
12. What can I do?
If you own the property jointly with your
partner then you are allowed to return to
it.
Your partner should either supply you with
new keys or put the old locks back. You may
need to get a solicitor to write a letter to
your partner.
If this does not work then you may need to
apply to the court for an order that your
partner must let you back in.
If you have been violent to your partner the
court may not let you back in to the
property for the time being.
I left the house and my children. Does this
mean I do not have any rights?
No.
Joint ownership of the property will not
change unless your partner obtains a court
order or you agree to transfer your share of
the property to your partner or the house is
sold.
You are still liable to pay the mortgage as
is your partner. You should try to agree to
divide the payments.
If you leave your children behind, but you
want them to live with you, you can apply
for a "Residence Order".
However, the longer they remain living with
your partner the more difficult it may be to
convince the court to change the
arrangements.
You can apply instead to see the children
regularly, this is known as "Contact".
How can I get my partner to help me pay the
bills?
If you need urgent help to pay the bills you
can apply to the judge for urgent
maintenance, this is called "Interim
Maintenance". Your solicitor will be able to
tell you more about this.
You may get weekly or monthly payments from
your partner or the court may tell your
partner that they should pay the mortgage or
rent instead of you.
You can apply for maintenance even if you
are still living together and are still
married.
Who pays maintenance for the children?
If the children are living with you then
your partner should pay to help you look
after them.
If your partner is not paying any money for
the children then you can apply to the CSA
[Child Support Agency]. They are the
government agency responsible for collecting
money for you from your partner, to help you
look after your children.
How does the court decide how much money I
should get or what I should pay my partner?
This is a difficult job for a judge, because
they have to be fair to both you and your
partner.
Before the judge can make a decision he or
she must have all the information about your
income, expenses, property that you own,
savings, insurance policies, pensions and
shares etc. Your partner also has to give
the same information to the court.
Your solicitor will therefore need to
collect all this information from you.
After you separate you should keep copies of
all your bank statements, wageslips, bills
and anything you have had to pay out. This
will help your solicitor prepare the
information for the judge.
The judge has to look at what both you and
your partner need and what you can both
afford. He also needs to consider whether
you or your partner are looking after the
children as whoever is may need more money.
The judge has to consider other things such
as the length of the marriage, your ages and
your ability to work and earn money etc.
Do I legally have to tell anyone that my
partner and I have separated / divorced?
You should tell the Inland Revenue as your
separation may effect your tax position.
If you receive benefits you should also tell
the DSS as you may be entitled to some
additional help.
We are not married. Do I have any rights?
Even if you are not married, but you have
children you can still apply for maintenance
for your children through the Child Support
Agency.
If you own a property together and you want
to sell but your partner does not, you can
apply to the court and ask them to decide.
The court can also decide if one of you
should stay in the property.
If only your partner owns the property you
may still be able to show you have a share
in the property. For example, if you have
paid for improvements to the property or
helped to pay the mortgage, you may be
entitled to claim a share in the property.
Or if it was always intended that you should
have a share in the property.
If you cannot show that you have a share in
the property, but you have children
together, you may be able to make a claim
for a share of the property on the
children’s behalf. This can be done under
the Children’s Act, your solicitor will be
able to tell you more. |
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