Do I need a Separation or Divorce to solve issues in regard to access, custody of children, maintenance, the family home etc?
No. Custody and Access to children can be addressed through an application under the Guardianship of Infants Act, 1964. Barring Orders, Safety Orders and Protection Orders can be availed of under the Domestic Violence Act, 1996. Maintenance can be addressed under the Family Law (Maintenance of Spouses and Children) Act, 1976. Issues in relation to the Family Home can be addressed under the Family Home Protection Act 1976, the Married Women’s Status Act, 1957 and the Family Law Act, 1995. Ownership of property can be determined under Section 36 of the later Act.
