DIVORCE.

Q : My husband and I have not been getting on for some time.  Is it true that to get a Divorce I have to show irreconcilable  differences ?  Is it enough to say that we no longer get on?   Is there such a thing as a quickie divorce?

A: To obtain a Divorce the law says that you have to prove that your marriage has broken down irretrievably .  In order to do this you need to prove  ONE of five facts which include;

(a)     The unreasonable behaviour  of your husband or

(b)    The adultery of your husband or

(c)     That you have lived apart and separate for a continuous period of two years AND that your husband consents to a Divorce on this basis or

(d)    That you have lived apart and separate for a continuous period of five years or

(e)     That your husband has deserted you for a continuous period of two years.

It is therefore not enough to say that you no longer get on  as you have to prove one of the above. In addition there is no such thing as a quick divorce as there are certain procedures that have to be undergone at set stages and even a simple , undefended divorce will take about 5 to 6 months.

INJUNCTIONS.

Q;  Is it possible to get a court order to get my  cohabitee  out of our house as he has hit me even though the house is owned by him alone?

A:  Yes,   the court has the   power to order   your ex partner to leave the house for a set period of time. The court can exclude your ex from your home and can prevent him from returning if he has already left. This is the case even if the house is in joint names or in the sole name of your ex partner.

Injunctions however are   temporary   and will not last forever. The law will protect you if you have   suffered . The court can also make a non-molestation order to stop your ex partner molesting you. You can be protected from violence, threats of violence and also from emotional and verbal abuse depending on the seriousness of any incidents.

Any breach of a non –molestation order is of itself a criminal offence for which  your  ex  partner could be arrested. You are likely to have to attend court on at least two occasions and in very serious and urgent cases it might be possible to obtain an order without notifying your ex partner beforehand. Any such order would then be served on your ex for it to become what is called effective and you would have to go back to court after service for the court to hear what your ex has to say about your application.

CONTACT.

Q : I am currently in dispute with my ex wife about when I can see my children  .  I am thinking of applying to the court but want to know if anyone will actually speak directly to the children to find out what they want.

A:  If you make a court application the Court , either a Judge or  Magistates , may order a report from a body called CAFCASS. This stands for Children and Family Court Advisory Support Service .  The Cafcass Officer will be given time to prepare a detailed written report and to provide a recommendation to the court about your contact. During the  preparation of the report the Officer may decide to interview your children . The main concern of the court will be what is best for your children taking into account a long list of factors which include the ascertainable wishes and feelings of your children with regard to their ages and level of understanding i.e. maturity.

Whilst it is the Cafcass Officer who makes a recommendation about your contact it is the court who will make the final decision about your contact .  It is important to realise that the  court may decide that what is best for the children is not necessarily what the children actually want.  However the older your children are the more weight will be attached to their views and clearly the views of a 15 year old will be given serious consideration as opposed to the views  of a 4 year old.

FINANCES.

Q:  Is it true that if I  separate  from my wife she will keep the house as we have two young children?

A: Not  necessarily .  There is a long list of factors which have to be considered when dealing with finances on divorce. You may have to wait to realise your interest in your property until your youngest child has finished full time secondary education. When looking at finances on  divorce , everything will go into the melting pot including pensions  and whether or not you will be allowed to retain an interest depends on what other assets you and your wife have and what your income levels are .Account will also be given to the length of your marriage and your ages and your financial  needs. The court will obviously be concerned with your children and most importantly retaining a roof over their heads.

If you wish to discuss anything further please contact Louise Scott on 0116 2421120 at Community Law Service where your legal aid  eligibility can be assessed.