Divorce

Click here to complete our Divorce Instruction Sheet and Request a Consultation 

A decree of divorce dissolves a marriage and allows each party to remarry.  Before you can apply to Court for a divorce, you must meet the following conditions:

1.     The parties must have been married and living apart for a period amounting to two out of the previous three years;
2.     There must be no reasonable prospect of reconciliation;
3.     Proper arrangements must have been made or will be made for the spouse and any dependent members of the family.

The Court can deal with additional matters alongside the divorce such as;

- Custody;
- Access;
- Maintenance and lump sum payments;
- Pension and Property adjustment orders;
- Domestic Violence.

Having previously obtained a decree of judicial separation this does not prevent you applying for a divorce and the Court can review the arrangements made in the decree of judicial separation.

Court Proceedings
Whether your application for a divorce is contentious or very straightforward court proceedings must issue. It is not possible to obtain a divorce without a Judge formally granting the decree. In deciding whether to make the ancillary orders referred to above the Court must have regard to the following factors:

• The income, earning capacity, property and other financial resources which each spouse has or is likely to have in the foreseeable future;
• The financial needs, obligations and responsibilities which each has or is likely to have in the foreseeable future;
• The standard of living enjoyed by the family before proceedings were instituted or before the separation occurred;
• The ages of each spouse, the duration of the marriage and the length of time the couple lived together;
• Any physical or mental disability of the spouses;
• The accommodation needs of each spouse;
• The effect on the earning capacity of each spouse of the marital responsibility assumed by each while they lived together and the degree to which the future earning capacity of a spouse is impaired for having given up the opportunity of paid employment to look after the home or care for the family;
• The conduct of each of the spouses, if such that the Court considers it would be repugnant to justice to disregard it;
• The contributions which each of the spouses has made or is likely in the foreseeable future to make to the welfare of the family including any contribution made by each to the income, earning capacity, property and financial resources of the other and any contribution by looking after the home or caring for the family;
• The value to each of the spouses of any benefit which the spouse will forfeit;
• The rights of any person other than the spouses but including a person to whom either spouse is remarried;
• The Court must also have regard to the terms of any Deed of Separation or Separation Agreement signed by the spouses.
  If either you or your spouse is contemplating an application for divorce please contact our family law department. One of our family law specialists will be happy to discuss your case with you in absolute confidence and will provide guidance and expertise on how best to represent your interests in the context of divorce.

How long will it take for my application to be heard?
It is very difficult to give an accurate answer to this question. There are time limits set out in the court rules for the various stages of the case.  It is therefore not advisable to make any arrangements (for example, re-marriage) that are dependent on your getting a divorce by a particular date.

Click here to complete our Divorce Instruction Sheet and Request a Consultation