Proper arrangements for children

The court can only grant a divorce if it is satisfied that:

  • proper arrangements are made for all children under 18, or
  • there are special reasons why the divorce should be granted even though proper arrangements for all the children are not made.
This means that you need to provide information on the Divorce Application about who lives, spends time and communicates with the children and about financial support, health and education for all children who are currently under 18 listed on the Application.

A child of the marriage includes:

  • any child of you and your spouse, including children born before the marriage or after separation
  • any child adopted by you and your spouse, or
  • any child who was treated as a member of your family prior to your final separation; for example, a step-child or foster child.
You must provide information individually for each child. If you cannot provide the information yourself, you should make all attempts to find out the information. For example, by contacting the person with whom the child is living. If you cannot provide the information requested, you should be prepared to tell the Court what attempts you have made to obtain the information.