Table of contents
What do I need to think about?
When making divorce or judicial separation orders, a judge has to make sure that proper provision is made for you, your spouse and dependent children. This means that a judge will consider all circumstances of the marriage and aim to make fair decisions that meet everyone's needs.
The main things the judge will consider include:
- Each of your current and future finances
- The standard of living enjoyed by the family before the break-up
- The age of the spouses, the length of the marriage, and how long the spouses lived together
- Each of your accommodation needs
- Children of the marriage
- Any physical or mental disability of either spouse
- The rights of any other person affected by the divorce or judicial separation
The judge will also consider any agreements you reach and any existing court orders. Divorce and judicial separation can impact many areas of your life. These are discussed below. You may want to get legal advice to understand what's involved.
Arrangements for children
You can agree the arrangements for looking after your children, including:
- Custody – day-to-day care and where the children will live
- Access – how, when and where the children will spend time with each parent
- Finances – how your children will be supported
- Other issues about their upbringing, such as education and health
Your agreement will be considered by a judge as part of a court order. If you cannot agree, the judge will decide. They will consider the needs of the children, including:
- Accommodation arrangements
- Financial security
- Educational support
- Physical and mental health
If a judge wants to learn more about the children, they may ask for a report from an expert. You will be told what type of report is needed. The person completing the report will be decided in court.
More information on reports about children >
Maintenance
Parents have a duty to financially support their dependent child or children. In some cases, you may also have a duty to support your spouse. This financial support is known as maintenance.
A dependent child is a child who:
- Is under 18 years old, or
- Is over 18 and under 23 but still in full-time education, or
- Has a mental or physical disability and cannot support themselves
You and your spouse or partner can agree on a maintenance amount that is reasonable and fair for your situation. If you cannot agree, the judge will decide. The judge will consider:
- Income and living costs
- The costs of raising the children
- Property and other financial assets
- Any other obligations you may have (such as another maintenance order)
The family home
Couples who separate or divorce must decide what happens to the family home. Common agreements include:
- Selling the home immediately
- Selling the home at a later date
- One spouse buying out the other’s share
- Transferring tenancy of the home
If you can’t agree, the judge will decide. A court order about the home is called a property adjustment order. The judge will consider:
Money, assets and pensions
You will need to make decisions about any assets you have. Some of these decisions can be complicated and may have an impact on your individual circumstances. Types of assets may include:
- Money in financial institutions
- Property and personal belongings
- Vehicles
- Savings and investments
- Inheritance
- Pensions
Every pension scheme has its own rules. A divorce or judicial separation may have an impact on yours (if you have one). The trustees of your pension can give you further information. The most common agreements made about pensions are:
- Each spouse or partner only has claim to their own pension
- A pension is divided between both spouses or partners and/or their dependent children
A pension adjustment order is needed for each pension that you might have. For more information, visit the Pensions Authority website.
Your agreement on money, assets and pensions will be considered by a judge as part of a court order. If you cannot agree, you can ask the judge to decide.
When making an order about money, assets and pensions, a judge will consider all financial information.
Important: A divorce affects your right to automatically have a share in the estate of your former spouse or partner if they die. Judicial separation does not automatically end this right. You may wish to seek legal advice to understand how this applies in your case.
Where to get help
Now that you have an understanding of what you need to think about, you may want to consider getting mediation, legal advice, or support from other services.
The following pages provide more information and contact details:
- Mediation: Information about mediation and where to find a mediator
- Legal advice: How to get legal advice and find a solicitor
- Support services: Details of organisations that may be able to help you and your family
