Free Divorce Information

Individuals going through divorce go through many different feelings and one of them is uncertainty about what rights they have during the separation and divorce. If you are asking yourself, “what are my divorce rights?” then you may want to read on. Of course, there are numerous different issues related to divorce based on the circumstances of individuals and it would be impossible to cover every single one of them here. However, here are answers to some of the most common questions asked.

• I have moved out of our family home while waiting for my divorce to become finalized. What are my divorce rights in regards to having to pay towards the running costs of the property?

You may be expected to pay towards any mortgage repayments on the property and such as taxes. You may also need to pay towards any repairs on the property to keep it in good order. However, you should not have to contribute towards the actual bills for living in the property if you are not living in that property.

• We have a joint bank account, can my partner withdrawn all the money in it?

If the bank account is in both names then it is legal for either of the names on the bank account to withdraw savings from that account. This means legally, there is nothing you can do to stop a partner from withdrawing all the savings, even if you have contributed the most towards those savings. If you have money in a joint savings account, the best thing to do is to split the savings down the middle amicably.

• When we were married, we had a credit card in joint names. What are my divorce rights regarding debts on the card that my partner has run up since we separated, am I liable to repay these?

If the credit card is in joint names then both named parties on the card are liable for any debts run up on that card regardless of when they occurred. If you separate, you should contact the credit card company, ask that the agreement be terminated, and arrange to repay any debt outstanding at that time.

• What are my divorce rights when it comes to property?

Any property that has been secured during the marriage will be taken into account by the courts during proceedings. Generally courts look into >favor of children, this means that if children live mainly with one partner and the other has visitation rights then the partner living with the children will live in the home at least until the children have completed their full time education.

• What about children, is the mother always awarded custody of children?

While it is true that in the majority of cases the children do stay with their mother, it is not a legal right that the mother is awarded custody. Usually the children stay with the mother rather than the father due to the father working full time and the mother being the “home maker”. The divorce courts always make a custody decision with the best interests of the children in mind. The situation and lifestyle of both mother and father are taken into account and the children will have a say in the matter, if they are old enough.

• What are my divorce rights in regards to paying for a solicitor, do I have to hire one?

There is no law that states that you have to pay a solicitor to help you when you want a divorce. If both partners in the divorce are willing to work together amicably and split everything 50/50 then you may want to work your divorce out this way and apply to the courts for a divorce. However, if you are at all worried about the ethics of your ex-partner help and advice should be sought.