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 Jusleen Arora on 0116 2421120 at Community
Law Service where your legal aid eligibility can be assessed.