If you, your partner or both of you decide you no longer wish to stay together you might be considering a separation or divorce. You may be worried about the legal and financial implications of splitting up, and the effect it may have on your children. This section aims to give some basic advice and guidance, and provides contact details for other organisations who may be able to help you.
Click on the below links for further information on each subject:
Married couples
Married couples can separate informally without any need for legal proceedings. it is, however, a good idea to inform organisations such as your local Council (for Council Tax, Housing Benefit and electoral registration), your landlord or mortgage lender and any bank or building societies or utility companies where you have joint accounts.
You can make any informal arrangements you like regarding matters such as money, children, property and pets, but remember that if your separation reaches the stage of court action, these informal agreements could have an effect on the outcome. You may wish to ask a solicitor to draw up a written agreement, which can be varied by a court at a later date, as this will help to clarify what you have agreed.
If you want to get a divorce you must have been married for at least one year, and one of you must have been habitually resident in England or Wales for at least one year. it is not possible to start divorce proceedings within the first year of marriage.
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Cohabiting couples
If you live with your partner but are not legally married you need not take any legal action to end your relationship. However, you will need to inform the organisations listed in the 'Who to inform' section below, and there may be issues around children, money, property or other joint holdings and responsibilities. As with married couples, you may wish to make an informal arrangement or have an arrangement drawn up by a solicitor. If your dispute is over property or children, a court can decide who the children should reside with, and whether a tenancy should be transferred or a property sold.
It is always worth taking expert legal advice, such as from a family law solicitor before you start any court proceedings, or even if you are separating with an informal agreement.
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Mediation
Mediation is a non-binding way in which an impartial facilitator can begin an exchange between the seperating or divorcing couple and try to help you reach some solutions regarding your relationship and the issues around your separation.
There are several family mediation services operating in Norfolk. When choosing a service make sure they are members of the United Kingdom College of Family Mediators to ensure they operate to professional standards.
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Getting a lawyer
You do not need a solicitor to get a divorce, but you will probably find it useful to at least take some legal advice before starting legal proceedings.
Your solicitor will not be able to make decisions for you, and will need full, honest and complete information from you to be able to advise you fully about your rights and obligations and negotiate a fair settlement for you if possible.
If you are on a low income you may be able to get help with your legal costs through the Legal Services Commission, who help people who are eligible for legal aid through the Community Legal Services scheme.
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Applying for a divorce
Either of you can apply for a divorce. The person applying is known as the 'Petitioner', and the other person is the 'Respondent'. Any other people involved in the divorce are called 'Co-Respondents'. Before the Court will grant a divorce, evidence must be given that the ground for divorce - that the marriage has irretrievably broken down, can be proven.
This evidence is set out in the petition, which is completed and filed by the spouse who is applying for the divorce. The relevant forms can be obtained from the County Court. if you require help completing the forms speak to a solicitor or your local Citizens' Advice Bureau.
The Petition has to establish that the marriage has irretrievably broken down in one of five ways:
- adultery
- unreasonable behaviour
- desertion for 2 years or more
- seperation for 2 years and the parties agree to divorce
- 5 years seperation
Court officers will be able to tell you what forms you need, but cannot help you complete the forms or give legal advice.
You will need to provide the following information to accompany the Petition:
- copies of the Petition for service on the Respondent
- Statement of Arrangements for any children of the family - covering issues such as where they will live, go to school etc.
- Marriage certificate (you can get copies of this from the Register Office for the district where the marriage was registered)
- Public Funding Certificate (if applicable)
- Court fee
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The divorce process
Simply speaking, the divorce process follows the stages set out below:
- Either party makes an application (petition)
- The Petition, Statement of Arrangements, notice of proceedings, Acknowedgement of Service (to be answered and returned) and Notice of Public Funding (if applicable) are served on the Respondent
- Respondent acknowledges, indicating whether there is an intention to defend the proceedings, whether they agree with arrangements for children and whether they agree to pay costs of the divorce
- If the Respondent agrees an Affadavit is sent to the Court by the Petitioner swearing the accuracy of the Petition, the District Judge then decides if there is entitlement to a decree - if there is then a Decree Nisi date is set
- If the Respondent disagrees the Court will consider each issue and the divorce may become defended, but this is unusual
- After six weeks of the Decree Nisi being granted the Petitioner can apply for a Decree Absolute. The Respodent can apply 3 months after the 6 weeks has expired, but must do so by Court application
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Financial Matters
You may have to pay a court fee. Please ask the court staff for a copy of the leaflet 'EX50 - County Court Fees'. This is also available on the Court Service website
If you have been married and your relationship has ended or is ending, either party can apply to a court to order the other party to pay maintenance. The court will consider the financial circumstances of both parties and can make an order for regular maintenance payments or a specified lump sum.
If you are concerned about your financial situation take advice from a Citizens' Advice Bureau or solicitor.
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Property
If there are any disputes about property, the Court will deal with this as part of the divorce. The Court can make an order about who will stay in the property, whether a tenancy should be transferred to one of the parties, or whether an owner-occupied property should be sold.
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Children
Many parents can agree amicably about the care arrangements for any children of the relationship, but if you are unable to agree you may have to ask the Court to resolve the dispute.
Who has legal parental responsibility for the child(ren) will depend on several factors, such as whether you were married at the time of the birth or afterwards, or have not been married.
A court will only make an order concerning children if it feels it is in the best interests of the child(ren) to do so.The main orders that can be amde by a court relate to who the child should live with (a Residence Order) and who the child should have contact with, and what form this contact should take (a Contact Order).
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Domestic violence
If you are suffering from domestic violence you may need immediate advice and assistance to help you consider your options and/or leave your partner. Our Housing section offers advice on how to do this, and contact details for other organisations who can help you.
Who to inform
If you are seperating or divorcing you should let the following organisations and agencies know:
- Your landlord if you are renting accommodation from a council, housing association or private landlord
- Your local council for Council Tax, Housing Benefit and Electoral services
- You utility companies if you have bills in joint names or the name of the person who is moving out
- Your mortgage lender
- Your local Tax Office if you are married or have children
- Your bank or building society if you have joint accounts
- Your child(ren)'s school if they will be moving
- Insurance companies
- Your health care professionals such as GP and dentist
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Sources of help & advice
Citizens' Advice Bureau - Advice on all aspects of personal and consumer rights. Some bureaux offer specialist financial advice
Relate Norfolk & Suffolk - Trained counsellors specialising in relationship problems
Thetford Counselling Service - Counselling for individuals and couples on issues of relationship breakdown.
Telephone 01842 765214
St Barnabus Counselling Centre - Individual and couple counselling for people seeking to resolve personal or relationship issues
Child Benefit Centre - Tel: 0870 155 5540
email: Child-Benefit@gwp.gsi.gov.uk
Child Support Agency - advice, support and child support maintenance calculators online
National Council for One Parent Families - advice for people bringing up children on their own.
Fosters Family Mediation Service -
Telephone: 01603 620508
email: seaward@fosters-solicitors.co.uk
Norfolk Family Mediation Service
Youth Information - help and advice for young people experiencing divorce
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