Q. How do I go about getting a divorce? Am I automatically entitled to a divorce?

A. There are certain criteria that have to be met in order to qualify for a divorce.You must have been married for a period of 12 months and the marriage has irretrievably broken down which is proven by one of the following factors:

1 The other party has committed adultery or
2 Behaved in an unreasonable manner
3 Desertion
4 Parties have been separated for 2 years and the other party consents to the divorce
5 Parties have been separated for 5 years and the other party's consent is not required

Q. How long will a divorce take?

A. Anywhere between 3-6 months is the usual time scale in an uncomplicated case.

Q. Can I change my mind?

A. You can change your mind and withdraw the proceedings at any point until the Decree Absolute, which is the final stage of the divorce.

Q. What happens with the matrimonial finances?

A. The parties are under a duty to make a full and frank disclosure as to their financial position, whereupon the solicitors can then advise them as to a fair settlement. Different factors are taken into account in considering what is reasonable, and who should receive which assets. It depends upon the individual circumstances of every case, the length of marriage, children, financial circumstances etc. Once an agreement is reached it can be embodied into a written Order called a Consent Order filed with the Court within the divorce proceedings. Ultimately, if agreement can not be reached then a Mediation Service will be available to you. Finally and only if necessary the Court will make a decision as to the division of the assets.

Q. How does Mediation work?

A. Mediation consists of a third party, a trained Mediator who will meet with both parties with the hope of reaching an agreement. Meetings can be separate or joint.

Q. I separated from my partner and we are not married, how do I stand financially ?

A. The Law does make allowances for co-habitees and it is constantly changing. There are various financial Orders available depending on the particular circumstances of your case.

Q. I separated from my partner and we have children, where do I stand with respect to custody and access?

A. There are many types of Order available with respect to matters concerning children. These include Residence as to who the child will live with, Contact, the extent of the contact for non residential parent, and also Parental Responsibility and other Orders (such as Specific issue and Prohibited Steps). The view of the Court is that the child's interests are paramount. It is what is in the best interests of the child, not the parents. They will make a decision as to who a child will live with, and what level of contact they will have with their absent parent. Because you are a father it does not automatically exclude you from obtaining these Orders, because you are a mother it does not automatically entitle you to them. Again, it is dependent upon the personal circumstances of each and every individual case. The term access is no longer used and is referred to as contact. The word custody is no longer used and the term used to describe it is residence.

Q. What is Parental Responsibility?

A. Whether or not a father has Parental Responsibility, depends upon whether he was married to the child's mother when the child was born. It conveys upon a father an authority to have a say in important decisions concerning a child's upbringing and this can be obtained either by agreement with the mother, or by a Court Order.

Q. I suffer from domestic abuse, what can I do?

A. There are various Orders available from the Court to protect you and your children from domestic violence. The main Order available is an Injunction, protecting you from further harm. A Power of Arrest can be attached. It means that if the abuser breaches the Injunction, he will be arrested by the Police, held in custody and put before the Court. The Court has the power to imprison the abuser in breach of an Injunction and the Court takes the subject of domestic violence very seriously. There are also other Orders available, such as Occupation Orders where you can have the abuser removed from your home. Various other Orders are available in relation to safety issues for yourself and the children including Financial Orders.