Divorce and Separation

• 01. Introduction

• This leaflet gives you an outline of your legal position if you planning or considering separation or divorce. It explains: Where to start Separation Divorce If you have children Supporting your children Money and property Making...

• 02. Where to start

• Do I need a solicitor to get divorced? It is probably a good idea to get some specialist advice from a solicitor when you start to think about separating or divorcing, particularly if there are money matters to deal with. They will tell you where you stand...

• 03. Separation

• What do I need for a legal separation? Some married couples never get as far as divorce, but are happy to stay apart. All you need to do to be legally separated is live apart. You do not need any formal legal document, although it can be helpful to record...

• 04. Divorce

• To get a divorce you have to show to the court that the marriage has broken down 'irretrievably' (that is, that one or both of you feel that you cannot stay married to each other). You do this by proving one of five 'facts'. A. Your husband or wife has...

• 05. If you have children

• The terms 'custody' and 'access' are no longer used officially or legally to describe which parent the child or children live with and how often the other parent sees them. The correct terms and concepts are explained in the next few paragraphs. What is...

• 06. Supporting your children

• The rules about child support and the Child Support Agency (CSA) changed in March 2003. If you were assessed under the old rules, the CSA will transfer you to the new system eventually. The information that follows is about the new rules. How do I get...

• 07. Money and property

• The court has wide and flexible powers to make orders in divorce proceedings. It is only possible to give general information in this leaflet because each family is different. You should certainly take legal advice about your situation. What orders can...

• 08. Making arrangements should you die

• If you are separating or thinking about divorcing, you also need to talk to your solicitor about making a will. Your husband or wife is still your next of kin until the final decree of divorce, and they may inherit from you if you die and you have not made a...

• 09. Dealing with emergencies

• What if my husband or wife is violent to me or to the children? If you need to, first get yourself (and the children) away from your husband or wife as soon as you can. Then call the police. If you have been badly hurt, go to your doctor or the local...

• 10. Terms used in divorce and family law

• Some words and phrases have special legal meanings in family (divorce) proceedings. Adultery Full sexual intercourse while you are married with someone who is not your husband or wife. Affidavit A formal, written statement sworn to be true. ...

• 11. Further Help

• Resolution (was the The Solicitors Family Law Association) Phone:01689 850227 The...