Frequently asked questions

DIVORCE

On what basis can someone apply for a divorce?

There is only one ground for divorce and that is that the marriage has irretrievably broken down. In order to show that you must prove one of 5 facts, either adultery, unreasonable behaviour, 2 years separation with consent, 5 years separation without consent or 2 years desertion.

Is it possible to apply for a divorce on the basis of my adultery if I have met a new partner?

No. It is not possible to petition for divorce on the basis of your own adultery, although you may be able to rely on one of the other facts, for example, your spouses unreasonable behaviour.

How long does the average divorce take? An undefended divorce, with no complications, should take approximately 6 months.

 

MATTERS RELATING TO THE CHILDREN

Now that we have separated will the children automatically stay with their mother?

It is traditionally often the case that the children are cared for by their mother. However, either parent can care for the children depending upon who is able to best meet their needs. If the parents cannot agree where the children should live either parent can apply to the courts for a judge to decide the issue.

My child’s father and I are not married; does he have any rights over my child?

Prior to December 2003 the only way in which a father could acquire parental responsibility for a child is either by marrying the mother, entering into a Parental Responsibility Agreement, or Order, or by obtaining a Residence Order for the child. Since December 2003 if a father’s name is placed on the birth certificate he will automatically acquire parental responsibility.

The mother of my children will not let me see them. What can I do?

It will be wise to obtain legal advice from a solicitor initially to write to your ex-partner/spouse to see whether or not contact can be agreed and what issues there may be. If contact cannot be agreed you can apply to the courts for a Contact Order, which if obtained, will set out a regular pattern of contact when the mother should make the children available.

The father of my child states that he does not want to have a relationship with the children or have any contact and is therefore not required to pay child support. Is this true?

No. The issues of contact and child support are not linked. He will be responsible to pay child support in accordance with the calculation provided by the Child Support Agency (now called the Child Maintenance and Enforcement Commission) irrespective of contact. If he disputes paternity of the child the CMEC can seek DNA testing.

 

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