Family & Matrimonial
Divorce
- The simplified procedure; or
- The ordinary procedure.
- recognised gender change of either party; and
- irretrievable breakdown of the marriage.
- adultery (only available for actions of divorce);
- unreasonable behaviour;
- non cohabitation for one year with the defender’s consent;
- non cohabitation for two years.
Dealing with the simplified divorce or dissolution procedure
The ordinary procedure
- The children of the marriage to reside with you or have contact with you.
- The house to be transferred into your name, or sold and the proceeds shared
- Your spouse or civil partner makes monthly payments to you, called “aliment”
- Protection for you and/or the children, the house or furnishings from your spouse or civil partner
- Division of the matrimonial assets
Undefended actions of divorce or dissolution
Defended actions of divorce or dissolution
Expenses
Usually court actions are based on the rule that the loser pays. However, in family actions it can rarely be suggested there are winners or losers. In addition the court is concerned with the principle of fair sharing of the matrimonial assets. It might be unjust, in considering the fair division of the assets, if one party had to pay all the expenses. Generally speaking, therefore, each party pays their own costs. There can be exceptions to that general rule where one party has acted in a way that is deemed unreasonable. In such circumstances expenses may be awarded against that party.