How Do You Go About Getting A Divorce In The Uk?

By Author: James Walsh
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Getting a Divorce

There are two ways by which a person can handle his divorce:

DIY Divorce:

Do it yourself (DIY) divorce is one where there is no intrusion of lawyers. The formalities are taken care by the couple themselves. They fill up the requisite documents; submit these at the court, obtain the decrees and part their ways. This method is becoming increasingly accepted among the couples who have no difference of opinions regarding division of their properties and child custody. This method also helps them avoid huge fees charged by high street solicitors.

In case the couple needs any advice or suggestions regarding the process, there are number of online services functioning to meet their demands. Also they cost only a division of what solicitors charge.

Advices and comments are given to clients through e-mail. All that the clients need to do is visit the respective websites, make the payment, fill the forms and submit them. This method is comparatively inexpensive and involves very few visits to the court by the clients.

Administered Divorce:

In this ...
... method the entire process of divorce is handled by a lawyer. Lawyers are necessary in these cases because there might be disputes regarding children and division of property. With involvement of lot of money and desire for both the partners to stay with the children, the issue could bloat up to be a mess. In such cases, a lawyer is needed to guide the clients to reach an agreement. The only disadvantage in this method could be the hefty fee charged by the lawyers. Sometimes the lawyers charge on hourly basis which could end up as a massive sum of money.

The Actual Process:

The first step towards receiving a divorce in the U.K. would be filing your divorce petition. The form needs to be filled up with the reason for your divorce. A divorce cannot be obtained if you're not married for a period of 1 year.

It is important to convince the court that your marriage is at its final stage based on the following grounds:

Infidelity by one of the partners
Unreasonable behaviour by one of the couple
Absconding for a minimum period of 24 months
Separation of two years if both the parties agree to divorce
Separation of five years even without the consent of one of the parties

After filling up the form with necessary details, it is to be filed at county court or Principal Registry of Family Division.

Significant Stage

The Citizens Advice Bureau could assist you in filling up any forms regarding your divorce. It would also assist you in getting a solicitor, if required in your case.

After the submission of form, the person applying for divorce would be called ‘the petitioner' and their partner would be referred to as ‘the respondent'. You might have to provide the court with your marriage certificates and details of children.

The court would then send the petition to your spouse. Depending upon whether or not your spouse is contesting the divorce, the judge would proceed further with the formalities. After carefully settling all the issues regarding children and property, Decree Nisi is granted which is the penultimate stage of the divorce. Though most of the divorce cases proceed through post, sometimes you might be asked to attend the court.

‘Decree Absolute', the final stage of divorce could be applied for after the period of six weeks and a day of granting Decree Nisi. In case you fail to complete this formality, your spouse is entitled to proceed with after a period of 3 months. Decree absolute would be granted by the judge only if he/she is convinced that all financial matters have been settled and arrangements for children have been made. Once Decree absolute is granted, it signifies that you're no more related to your spouse in any way.

The Last Word

In case you have made up your mind to part ways amicably, online services provide the best way to obtain a stress-free divorce so that you can carry on with your life peacefully instead of wasting a fortune on legal counsel!

James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed divorce see http://www.managed-divorce.co.uk