FAQs about Divorce

HAVERING DIVORCE FAQS

Can I be legally separated from my partner ?

You are entitled to apply to the courts to be legally separated, although you should consider why you are using this process in the first place. This option will generally be used where a couple have been married for less than the 12 months required for a divorce and a divorce is likely to follow.  If you have been married for 12 months and one of the grounds for divorce exists (which also apply to legal separation), it is generally advisable to apply for divorce if you have flirted with the idea of legal rather than non-legal separation.

By getting a divorce will matters related to finance and matrimonial property be settled ?

No.  A divorce is a process used to legally end a marriage and does not automatically settle matters relating to finances, spouse maintenance and the division of matrimonial property.  Following a decree nisi, one party to the divorce can commence separate legal proceedings in order to settle financial matters, known as ancillary relief.  Several hearings may be required to settle matters and allow the parties to exchange questionnaires relating to finances and assets owned, making this a potentially costly and time-consuming option.  For these reasons, it is generally advisable to settle matters less formally by negotiating a financial settlement, which does not require you to appear in court.

Are matters related to child residence and contact settled automatically by a divorce ?

Wherever possible the courts do not like to interfere in matters they believe could be settled between the parties privately.  However, given the nature of the issue, disputes can and do happen and it may be necessary to make separate applications to the courts for either a residence order or contact order.  A residence order is a order of the court stating where the child is to live.  Joint residence orders can also be issued where the child lives with both parents, although this is rare as the parents generally need to cooperate for this type of arrangement to work. A contact order is an order of the court stating the conditions on which the non-resident parent is allowed to maintain contact with the child.

Can the petitioner apply for a divorce based on their own adultery or unreasonable behaviour ?

No, the petitioner cannot legally apply for a divorce based on their own adultery or unreasonable behaviour.  For these grounds to be used, the petitioner will have to show that the respondent has committed adultery or displayed unreasonable behaviour.

What is the purpose of a separation agreement ?

A separation agreement can be used where a married couple have decided to separate rather than divorce.  The content of the agreement can vary, although in most cases it can be expected that there will be an agreement with regards to who is entitled to live in the house, where children will live and financial matters.  Using a separation agreement is a good idea as it helps you avoid costly legal proceedings and can be relied on in court so long as either parties’ circumstances do not change drastically.

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