UK Divorce Law - Getting Divorced In England And Wales

By: Solicitor Net | Posted: 15th February 2011

Throughout England, the specific process for obtaining a divorce is actually rather straightforward. However, what normally complicates cases of divorce and may make them problematic as well as time-consuming, are the many matters that must be sorted out, and the attitudes the partners have towards all these issues. For anyone who is thinking of submitting a Divorce Petition, here's a brief overview of the process.

Seek assistance - Even though this is not a part of the official process, it's important that you get qualified advice at the earliest opportunity. Divorce is actually a legal process, and for anyone unfamiliar with what's involved, it can be a very hard process - irrespective of how amicable it may all appear in the beginning. Discussing your situation with a Family Law Solicitor is going to be the best way to figure out all your options so you'll be able to make your mind up what you need to do.

Divorce Petition - If perhaps, once you have spoken to your solicitor, you choose to proceed with the divorce process, you've got to complete and submit your Divorce Petition. This describes to the court the reasons you think you ought to be divorced, in addition to what you're suggesting or requesting when it comes to matters such as maintenance, court costs and so on.

Statement of Arrangements - If both you and your spouse have kids together, you'll have to complete a Statement of Arrangements along with the Divorce Petition. This outlines the proposed arrangements for the children after the divorce, including where they're going to live and also what sort of contact the non-custodial mom or dad would be offered.

Acknowledgement of Service - When your husband or wife receives the Divorce Petition and Statement of Arrangements, they've got a short time to reply to the court making use of the Acknowledgement of Service form. With this they'll state whether they want to dispute the divorce. They'll need to complete a further form, called an Answer, as well as the Acknowledgement of Service if they are intending to contest the Divorce Petition. If this is the case with your divorce process, it is best to get further guidance from your solicitor about your options for dealing with the situation.

Affidavit - When your husband or wife agrees to the divorce, you will receive a copy of their Acknowledgement of Service that you need to send back, in addition to an Affidavit. The Affidavit is essentially where you legally state that all of the facts layed out in the original petition are genuine.

Decree Nisi - When the court has received all of the documents from you, and it is happy things are in order, it'll pronounce the Decree Nisi. You are not actually divorced at this stage, it is simply the court recognizing that the correct legal process has been followed, and that you ought to be divorced.

Decree Absolute - Six weeks later, and ideally once all the terms of the divorce have been sorted out, it is possible to request the Decree Absolute. When you obtain this your marriage is dissolved and therefore you're officially divorced.

Although process you must go through so as to get a divorce may appear relatively easy, every single divorce case is unique and for that reason offers a unique challenge, which is why it is always a smart idea to get assistance from our Family Law Solicitors Leeds office. Family Solicitors in Leeds will be in a position to assist you to effectively deal with your divorce process and also keep any sort of emotional strain to a minimum.
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