Family – FAQ


How long will the divorce take?
Generally the divorce may take up to 4 to 6 months, but this may be longer as the progress of financial matters may delay this.

Does it matter who divorces who and the reasons for the divorce when it comes to the children and financial matters?
No, generally the reasons for divorce are not relevant for financial or children matters.

Will I be able to remain living in the house?
This is dependent on the circumstances of your case and generally how much equity is in the house and mortgage raising capacities. The Court does consider the needs of the children first.

Will there be a Court hearing if the divorce is undefended?
No, the divorce may proceed on the paper work alone.

May the divorce commence when we live in the same house?
Yes, but this is dependent on specific conditions in reference to attempts at reconciling and how you are living in the same house.

Do I have to force the children to have contact with my spouse if they refuse?
It is important to encourage the children to want to go and see the other parent, it is always in the children's best interest to have a good relationship with both parents but this will depend on the circumstances and factors such as the age of the child and the wishes of the child.

What if my spouse does not want to have contact with the children?
It is generally extremely difficult to force a parent to see their children if they refuse.

If my spouse does not pay towards maintaining the children can I stop my spouse from having contact with the children?
No, contact with the children is not dependent nor should be linked to the payment of maintenance or financial support.

Will my spouse be required to pay maintenance?
This depends on both your incomes and expenses and the level of available capital on divorce. there may be a clean break with a 'lump sum' which will absolve maintenance contributions.

What will happen if I remarry?
A spousal maintenance order would cease, and it may too if you cohabit (on application to Court by your ex spouse).

Is my spouse's debt, my debt and our joint debt considered?
Yes, the Court must consider all the financial circumstances.