INTRODUCTION
Divorce or the breakdown of a long-term relationship can give rise to any number of problems. The most common are what is to happen to property owned by the separating couple and what happens if there are children. The law in this area is relatively complex and unless everything can be agreed amicably the parties should each seek independent legal advice from a solicitor. This section is intended only to give basic advice on the financial and child aspects of divorce although you will find more detailed guidance on how to obtain a divorce and the law and procedure involved.If you require assistance in respect of children or matrimonial finances you should see a solicitor. We will offer you a fixed fee initial interview to discuss and assess your matter. The interview is without obligation and you will receive guidance on public funding through the Legal Services Commission, fees if you are not eligible for public funding, law and procedure.
BASIC PRINCIPLES
The bulk of the law concerning divorce is still contained in the Matrimonial Causes Act 1972. It covers only divorce and the effects of divorce. Therefore it does not apply to "common law" partners.PROPERTY
For married couples it makes no difference that the home is owned by one of the parties only. Once divorce proceedings have been started the court has power to divide property between the husband and wife in such a way as is reasonable having regard to their earnings, earning capacity, ages, contributions during the marriage, the length of the marriage, needs, liabilities and all other circumstances. The relevant provisions are in section 25 of the Matrimonial Causes Act.Please refer to our FINANCIAL PRINCIPLES section.
RIGHTS WHICH APPLY TO ALL COUPLES
All couples living together as husband and wife and, arguably, gay couples have other rights under Part IV of the Family Law Act 1996. They have a right not to be evicted from the matrimonial home by the partner who owns it without a court order and to be given notice if that partner is faced with eviction proceedings because of rent or mortgage arrears. These rights need to be protected by registration at the Land Registry or the Land Charges Registry.VIOLENCE
All couples also have the right to go to court and to seek an injunction if their partner subjects them to violence. The injunction will always order the other partner not to assault, molest or interfere with them but may also exclude the other partner from the home or even from a specified radius of the home. An injunction can carry with it a power of arrest enabling the police to intervene if the court order is broken. The punishment for breaking the order is usually a prison sentence for contempt of court. The court has discretion to suspend the sentence.CHILDREN
A father who has obtained parental responsibility of his child has all of the rights and duties of a parent in respect of that child. An unmarried father obtains parental responsibility by agreement with the mother or by court order. A married father automatically has parental responsibility. Regardless of whether he has parental responsibility a father has a right to contact with his children. However, the existence of parental responsibility makes enforcement of that right easier and also carries with it a right to be consulted about major events or decisions relating to the children.FURTHER INFORMATION
The law on these subjects is complex. Public funding (the new name for Legal Aid) is frequently available to couples that have disputes over children, property and money. The rules will require you to have attempted mediation of your differences before any court action is started. We recommend that you see a solicitor to take advice on your particular matter and to find out whether public funding is available.LEGAL AID/PUBLIC FUNDING
Divorce is something for which full legal aid has never been commonly available. Those on sufficiently low incomes or who receive benefit can still get "Legal Help" for their divorce from a solicitor. The scheme allows between two and three hours of a solicitor's time during which you can get advice on the law and procedure. The scheme also covers assistance with paperwork (including preparation and delivery to court of court papers).The middle and higher income client can expect to have to pay their solicitor for the work done on a divorce unless they wish to issue their own divorce proceedings.
