Most people who come to me about a divorce ask the same first question: how long will it take and what happens to the children. The answer depends mostly on whether the spouses can agree, so that is where I start.
In this article I explain the two routes to divorce, how the court looks at children and what happens to property. More about how I work in this area is on the family law page.
Two routes: agreement or lawsuit
When the spouses agree on everything important, they file a joint petition for divorce by consent. That is the shortest route and usually ends at a single hearing. When there is no agreement, one spouse files a lawsuit and the court decides every disputed issue.
What the agreement must cover
The court accepts an agreement only if it is complete and protects the children. In practice the agreement must clearly settle:
- who the child lives with and who exercises parental rights
- how often the child sees the other parent
- how much maintenance is paid and how
- how school, medical and activity costs are shared
A vague agreement is sent back or later turns into a new dispute, so I write it to be applied without interpretation.
When there is no agreement
In a lawsuit the court hears both sides, asks the social welfare centre for its opinion and takes evidence. It takes longer, and meanwhile the court can order interim measures on request, such as temporary maintenance or a contact schedule.
How the court decides about children
The test is always the child's best interest. The court looks at the child's age, the care each parent has given so far, living conditions and, when the child is mature enough, the child's own view. Who is to blame for the breakdown does not decide it.
Maintenance
The amount depends on the child's needs and the parent's means. If circumstances change significantly, the decision can be changed, so it pays to keep proof of the child's actual costs.
Property is not divided automatically
Divorce does not divide joint property by itself. The spouses can sign a division agreement before a notary or start separate proceedings. Property acquired through work during the marriage is joint, whoever it is registered to.
The first conversation
At the first meeting we go through the children, income and property together and assess whether an agreement is realistic. If you would like to discuss your situation, write to me.