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01/06/2011 - Deciding to Separate - we help you through tough decisions

HOW LONG DOES A DIVORCE TAKE?

This depends on how much you and your spouse have agreed in relation to the children, and the finances, with the finances typically holding up the final decree of divorce. However, if things run smoothly, the divorce could be concluded in around 6 months.

WHAT ABOUT THE CHILDREN?

The court takes the view that the best people to make arrangements for the children are their parents. As part of the divorce, the court likes to know who the children are living with and how much contact they will have with the other parent. On the whole, however, they will leave the detail up to you. If there is a dispute about who the children live with, or how much time they spend with the other parent, the court can be asked to make a residence or contact order.

MY FRIEND HAD TO SELL HER HOUSE, WILL THIS HAPPEN TO ME?

This depends on your personal finances and those of your spouse. Every case is dealt with on its own unique set of facts, so what happens to one person, might not happen to you.

WILL I GET, OR HAVE TO PAY, ANY MAINTENANCE?

A parent who does not live with their children has to pay maintenance for their children at a rate prescribed by the CSA. Whether you receive maintenance for yourself, or pay it to your wife, and at what rate, depends on the financial circumstances of you and your spouse.

HOW MUCH DOES IT ALL COST?

This depends on whether terms have been agreed, or whether there is a dispute over the children and/or the finances. Solicitors charge an hourly rate and will give you a cost estimate at the beginning of your case and regularly throughout the proceedings.

I HAVE HEARD THAT COMMON LAW WIVES HAVE THE SAME RIGHTS AS IF THEY WERE MARRIED?

This is not the case. Financial matters are dealt with very differently if you are not married to your partner. It will depend on a number of things, including whether property is owned jointly, and the contribution you have both made.Coyle White Devine’s Alison March is a member of Resolution and is committed to their code of practice which requires matters to be dealt with in a constructive and non confrontational way.