In order to obtain a divorce, there are certain requirements depending on whether you have children under the age of 18 years. If you do have children under the age of 18 years, your divorce lawyer will need to demonstrate to the Court that:
- Proper arrangements in all the circumstances have been made for the care, welfare and development of the children, or
- That there are circumstances by reason of which the divorce order should take effect even though the court is not satisfied that such arrangements have been made.
There is a positive obligation on the Court not to allow divorce orders to take effect unless proper arrangements have been made for the children. Your divorce lawyer will consider the following factors when advising you: whether any child support is being paid, whether both parents are spending time with the children, the health of the children and whether they are attending and progressing in school.