Divorce is often quoted as one of the three most stressful life events so you will certainly need help. There are many decisions to be made depending on your circumstances:
- Are you thinking of divorce or just a period of separation?
- What will happen to your home?
- Who will pay the bills?
- Who will the children live with?
- What Social Security benefits can you claim?
Our straight talking advice will help you with your options.
You can apply for a divorce if you can show your marriage has irretrievably broken down through one or more of the following options:
- Your husband/wife has committed adultery.
- Your husband/wife has behaved in such a way it would be unreasonable for you to live with that behaviour.
- You have been living apart for at least two years and your husband/wife agrees to a divorce.
- You have been living apart for at least five years.
It is important you select the right ground for your divorce and only after consulatation with your Solicitor.
After your paperwork is sent back to the Court, you will be required to attend a Hearing for your “Decree Nisi”. This is the first stage of the divorce and the Decree Nisi is the certificate confirming why your marriage has ended. You may then have to proceed to the Financial Court if there are financial issues to be sorted. Eventually, when these matters are resolved you can obtain your Decree Absolute which signifies the end of the marriage.
The Financial Court will look at these main areas when deciding how to divide what you and your wife/husband own:
- The ages of you and your husband/wife
- The length of your marriage
- The ages of your children
- Your future earnings
- Other relevant factors
The Court will rarely take in to consideration the reason why your marriage broke down.
A Non Molestation Order is a Court Order to protect someone from being harassed by their partner or former partner. Other certain connected people can obtain them also. If you feel intimidated or harassed by a partner it is important that you report this behaviour to the police first and then seek the assistance of a solicitor. Depending on the circumstances you may only have 7 days to go to court.
If someone has obtained a Non Molestation Order against you it is important not to make any contact with them and to make an appointment with a solicitor urgently. A breach of a Non Molestation Order is a criminal offence and you will be arrested.
An Occupation Order is a Court Order deciding who is allowed to live in the family home during separation and divorce. It doesn’t matter whose name is on the property. If you and your partner cannot agree who should reside in the home you should seek assistance from a solicitor.