SPONSORED EDITORIAL

In this country 42% of marriages will end in divorce – it may be a sad statistic but if you’re separating it may be time to face reality.

We take a look at six questions you probably don’t want to ask but really need answers to.

I want to divorce my husband as he is having an affair - shall I name his girlfriend?

No, naming the girlfriend can cause a lengthy delay in the divorce process and add to the legal costs. If you do name his girlfriend in the divorce petition as a co-respondent you are asking the court for a divorce because your marriage has irretrievably broken down as a result of your husband's affair. Your husband and his girlfriend will both receive a copy of the divorce petition from the court and must both return the form back to the court admitting the affair.

My wife won’t let me see the children, what should I do?

Julian Cripps, partner at Hatten Wyatt Solicitors & Advocates said: "The first step is to attempt to reasonably discuss the situation between yourselves and try to reach an amicable solution. Often in the early days of separation, things are said and done in the heat of the moment, which will not necessarily be in the best interests of each person. Should this approach be unsuccessful, there is the option to apply to court for child arrangements, an order for contact or mediation."

My wife has left me, does she have to pay towards the mortgage and bills?

No, unless there is a court order. You can apply for child maintenance through the CSA (Child Support Agency) and also spouse maintenance if applicable – your solicitor will be able to advise you on the steps to take to begin these proceedings. Do be aware though that a court can only order money to be paid - not to pay to something specific.

Financial matters in divorce proceedings are dealt with under the 1973 Matrimonial Causes Act and the act only gives the court power to order the payment of maintenance - for example £300 per month, a capital sum, to sell or transfer a property and to deal with pensions. It can't order the payment of the gas bill or the council tax.

Do I need a solicitor to manage my divorce?

A solicitor is not essential to manage your divorce. However, if the divorce involves finances, child matters and housing it is advisable to use one to ensure you achieve the most satisfactory outcome possible.

My children don’t want to see their dad, do I have to make them go?

No, unless there is an order for contact, in which case you should not breach the order. Contact is there for the benefit of the children so the court would expect you to try and facilitate it.

In divorce are mothers always awarded custody of the children?

No, this is not always the case. Every family situation is different and courts are obliged to make orders which are in the best interests of children and don’t favour either parent. The courts will look at what is best for the child or children. It will take into accounts all aspects of both parties and who is most likely to provide a safe and stable environment in order to make a fair and just decision.

FOR MORE DETAILS

Since 1844 Hatten Wyatt has provided legal advice on personal and business interests. Incorporated in the firm is Morlings Solicitors of Maidstone, providing legal advice for family and business interests.

Call Hatten Wyatt on 01474 351199

Call Morlings Solicitors on 01622 673081

More advice at www.hatten-wyatt.com