Caldwell Martin Cox Solicitors : Family Law : Divorce

The most important criteria to be satisfied when making an Application for Divorce with the Court is that the parties to a marriage must have been separated for more than 12 months at the time of making the Application.

It is quite common for people to remain living in the same home together even though they have separated in a legal sense. This is most commonly caused by financial considerations.

If parties were still living under the same roof for part of the twelve month separation period, the applicant must file affidavit evidence setting out the circumstances of the separation and the living arrangements within the household. An affidavit is a written statement on oath. The Court will also require evidence from a third party, such as an adult child of the relationship or a family friend or relative who visited the home on a regular basis during the relevant period.

The Court must be satisfied that there was a real separation and that one or both parties intended that the marriage was over.

If there are children under the age of 18, the Court must be satisfied that there are proper arrangements in place for the care, welfare and development of those children. Specific information relating to those arrangements must be inserted in the Application for Divorce.

In circumstances where one party is acting against the best interests of the children, for example, by refusing to allow the other party to see them, the Court may refuse to grant the Divorce. The Court may also refuse the application in circumstances where one party is required to pay child support but refuses to do so.

In addition to the above considerations, the Court must be satisfied that it has the necessary jurisdiction over the parties to the marriage before a Divorce will be granted.

Applying for a Divorce can be a complicated process so contact one of our experienced Family Lawyers for advice.

For further information and assistance please call or email Vicki Andrews of our Family Law Team.

Visit our Reading Room for more information on Family Law issues.

Law 9000 Lic.Law 20008 SAI Global