Divorce and dissolving a civil partnership
Special rules of divorce
There are special rules before you can get a divorce
Articles on Divorce
Domestic violence
What is considered Domestic Violence Domestic violence is violence against a person by another person with whom that person is, or has been, in a domestic relationship. It can include: physical abuse such as slapping pushing and any physical sought sexual abuse...
Separation agreements
The purpose of a separation agreement The purpose of a separation agreement is to make absolutely clear what was agreed by spouses when they decided to live apart. This prevents future disputes and arguments. The terms agreed in a separation agreement will always be...
What You should expect from your Lawyer
A lawyer is a professional person from whom you are entitled to a quality service. You should be able to expect at the very least the following from him or her Competence. There will never be a guarantee that your lawyer will win your case or succeed in obtaining your...
Consent Orders
Consent Order A consent order (purchase here) is an order of the court in terms which the parties have agreed and asked the court to give legal affect. It can be applied for on divorce or dissolution of a civil partnership when financial issues are agreed between the...
Dividing Property Yourself on Divorce
For most couples, splitting up your possessions is a big part of the process of getting divorced. The best way is for you and your spouse to sit down and decide together who gets what. If you can't do that a judge will have to...
Financial Settlements on Divorce
Financial Settlement Issuing a divorce petition will only result in having the marriage dissolved. The divorce action commenced with the filing of the divorce petition does not enable the court to decide financial matters which are separate and ancillary to the...
Prohibited Steps & Specific Issues Orders
Prohibited Steps and Specific Issues Orders A Prohibited Steps Order enables a Court to place a specific prohibition upon the exercise of parent’s parental responsibility. The Order could be used, to prevent removal of the child from the country, removal of the child...
Residence Orders for Children
The Family Court no longer make what used to be known as residence orders. Decisions as to with whom a child is to live will be made by way of an all embracing child arrangements order. This has the same purpose of 'settling the arrangements ... as to the person with...
Children’s contact with absent parent
The Family Court no longer make what used to be known as contact orders. Decisions as to time spent with a non-resident parent will be made by way of an all embracing child arrangements order. A Child Arrangements Order will be made directed at the person with whom a...
The wishes of the child
An application by a parent for a child arrangements or other Children Act order will very often involve a difficult balancing act by the court. It can be a delicately weighed exercise for the judge who must make the decision and this will be particularly the case when...
Special Guardians
Special guardianship is a legal option intended to provide permanence for children for whom adoption is not appropriate. It was introduced in the Adoption and Children Act 2002. A special guardianship order (SGO) gives the special guardian parental responsibility for...
Children and Grandparents
The courts have long accepted that grandparents have an important role to play in the upbringing of children. Perhaps unfortunately however the Children Act 1989 does not give any particular contact rights or recognition to grandparents. The Act places every emphasis...
FAQs on Divorce
What do I need to think about if our relationship is in trouble and it looks like we are going to split up?
Before deciding finally that your relationship is over, you should discuss this with family and friends and consider very carefully what life will be like as a single person. It may not be as rosy as you’d think, especially as a single parent. Consider speaking to a relationship counselor such as at Relate. If having taken your time and thought things through carefully your decision is final, it will be time to tell your partner and children. How you tell particularly the children is most important. You will need to explain the practical arrangements to the children, and whenever possible this should be done together by both parents.