Children and divorce

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This guidance is also available in pdf format.

What should I do before I start a petition?

Before you start a petition you should read the guidance in the sections About divorce and I want to get a divorce - what do I do?

Will the court be concerned with all the children of the marriage?

No, only those who still need your care and financial support because of their age and circumstances. You will have to name all living children of the family, no matter how old they are, when you fill in paragraph 4 of your petition. See the guidance I want to get a divorce - what do I do?

The court will be concerned with any child who was born to you and the respondent, or who has been treated by you as though they had been born to you, who is:

• under 16; or
• between 16 and 18 and still at college or school full time.

These children are referred to as 'children of the family'.

This includes children you have both adopted. It does not include foster children.