Family Law and Divorce - FAQ

What are the grounds for divorce?
In fact there is only one ground for divorce and that is that the marriage has "irretrievably broken down". However, in order to establish this you will need to prove one of the five facts; adultery, unreasonable behaviour, desertion, two years separation with the consent of the other party or five years separation.


Can I commence divorce proceedings straight away?
Yes, but only if you have been married for at least one year and you can prove that your spouse has either committed adultery or behaved in such a way that you cannot reasonably be expected to live with him or her.


I want my divorce to be amicable – which is the best way to proceed?
The least contentious way is to consider dealing with it on the basis that you have lived apart for at least two years and your spouse consents to a divorce. You may also wish to consider Family Mediation as a way of resolving any issues arising out of the breakdown of the marriage.


What is family mediation?
Mediation is the process in which the mediator, who is impartial, assists those in the process of separating or divorcing to communicate better with one another to make their own decisions about some or all of the issues relating to or arising from separation or divorce, children, finance or property. This may seem unnecessary but it is a tried, tested and working method of resolving issues on separation and divorce. More details


How long will it take before I am divorced?
The divorce process through the Court itself may only take 3-4 months provided that everyone involved does what they are required to do without delay. However, often there are issues about financial matters or children which can delay the divorce for a few months or in some cases even longer.


Will the Court need to make an Order in relation to the children?
No. The Court takes the view that you and your spouse are best placed to decide the arrangements for the future care of any children of the family. The Court will only become involved if you are unable to agree the arrangements for their future care. In that event, the Court can make a Residence Order specifying with whom the child will live and/or a Court Order specifying what time the child will spend with the other parent.


Will I need to provide information about my financial circumstances?
Yes, you will be required to provide full and frank financial disclosure of your financial circumstances together with documentation verifying the information you have provided. If you refuse to provide this information you could be ordered to do so by the Court and penalised by being ordered to pay your spouse’s costs. Also, if you provide false information any order made based on it could be overturned by the court at a later date.


Does there have to be a Court hearing to decide the financial issues?
No. If you and your spouse reach an agreement, having disclosed to each other your respective financial situations, you can apply for a Consent Order to be made by the Court setting out the terms agreed between you.


What is your approach to family matters?
We subscribe to the SFLA Code of Conduct which provides that


Can I get help with payment of my legal costs?
You may be eligible for Public Funding in which case, your case will be funded by the Legal Services Commission. However, if as a result of the work we do you recover or preserve money or property it is likely that you will have to repay your legal costs to the Legal Services Commission who would have a "Statutory Charge" on these assets. At the first meeting we will assess your entitlement to Public Funding.


What is the benefit of Public Funding if I have to pay back my costs?
There are two benefits. Firstly it means that you do not have to fund your case as it goes along. Also, any disbursements (payments to third parties) such as Court fees and valuation fees are paid for you. Secondly the amount that we charge for the work we do is governed by the Legal Services Commission and is cheaper than our private client rates.


If I receive Public Funding will it mean I receive a different level of service if I was paying privately?
No – the level of service will be the same whether you are privately paying or your case is publicly funded.


Are you specialists in family work?
Yes, we have a dedicated Unit of Family law specialists. More details


What do all the words you use mean?
See the Glossary of Terms