Divorce
Upon the breakdown of a marriage the parties may be divorced. There are three bases for a divorce:
- Adultery;
- Cruelty – mental or physical;
- Separation for one year or more.
If a divorce is to be granted on the grounds of adultery the adultery has to be proven or acknowledged by the other party. Also, if the divorce is to be based on cruelty the cruelty has to be proven to the satisfaction of the Court.
The most common means of obtaining a divorce is separation for a one year or more. This is usually the easiest to prove since the time since the parties separated is easily determined. This can, however, become a little complicated if the parties indicate that they have been separate but are still living in the same residence.
Custody
The issue of what happens to the children upon the breakdown of the relationship is often the most difficult issue the parents deal with. There are a number of terms which relate to custody. These are:
- Sole Custody. This means that the person to whom custody has been granted has the right to make decisions regarding the care, education, religious upbringing and the like for the child or children. The child or children has their principal residence with the person who has sole custody.
- Joint Custody. This means that both parents share the decision making regarding the care, upbringing, education, religious upbringing of the child or children. The child or children may have a primary residence with one of the parents although both parents have input into decisions affecting the child or children.
- Shared Custody. This is a variation on joint custody in that the residence of the child or children is shared between the parents. Decision making regarding the care, upbringing and education of the child or children is shared by the parents as with joint custody.
Where there is joint or shared custody there must be good communication between the parents. Where the parents cannot get along and cannot communicate the Court is unlikely to award joint or shared custody.
For further information regarding Custody contact Murray & Thomson.