|
|
|
Matrimonial and family Law is a vast subject covering not just marriage and divorce, but also separation, issues as to children, adoption and co-habitation.
It would be impossible to cover all the aspects of this branch of the Law in just a few paragraphs.
In a large number of cases, either the husband or wife have left the matrimonial home or one has "asked for a separation" and therefore the parties want to know how to get divorced and their entitlement to the family assets. In some cases, the husband has moved out and refuses to support his wife and children.
One of the criteria for divorce is that the parties must be married for at least three years before a Petition of divorce can be lodged with the Court (see Criteria for Divorce) and maintenance sought.
If a married couple have not been married for three years and cannot submit a Petition for divorce, an application can be made to the Petty Debts Court Magistrate for a Separation Order and for maintenance. In this way, the maintenance gap can be filled until three years have passed from the date of the marriage.
Where children are involved, a divorce is more complicated as the children's needs must also be considered, especially issues such as where and with whom they are to reside and contact with the other parent. The Family Mediation Service & Relate can help in dealing with children's issues where there is a conflict between the parents.
There can be many reasons for the breakdown of a marriage, including infidelity, money problems, problems with illness (especially depression) and the stresses and strains of children or a combination of problems, but in the vast number of cases, there seems to me to be a breakdown in communication and disillusionment.
Not all separations result in divorce and reconciliation is possible, however to achieve this, a couple will often need help from Relate, however, both need to be committed to the process of dealing with the underlying problems in the marriage, if a reconciliation is to be successful.
|
|
