Divorce – The Process
Posted on September 26, 2012
If you are planning on getting a divorce, there are a number of steps you must take in order to complete the process. Generally speaking, the more you and your husband or wife agree on regarding the ‘facts’ or ‘grounds’ for divorce, the quicker the process will be. In this case, a divorce taking place in the United Kingdom it is likely to take at least four months. If, however you and your spouse do not agree on key issues, then it might take much longer.
The main issues that ideally require agreement from both parties are:
• Reasons for getting divorced
• Who will look after any children or dependants
• How will you divide up assets and money between you both
There are five types of ‘grounds’ you can use for a divorce.
• Adultery – whereby your husband or wife had a sexual relationship with another person. In addition you must not wish to live together, or already be living apart as a result of the adultery.
• Unreasonable behaviour – a situation in which your husband or wife’s behaviour is intolerable. This might take the form of physical or verbal abuse, or not showing enough affection or attention – among others.
• Desertion – whereby your spouse has left you. Absence of one and a half of the previous 2 years must be established. If there has been no good reason and no agreement about the spouse leaving, and furthermore that they deserted you in order to finish the relationship, then desertion may be grounds for divorce.
• Living separately for more than 2 years with agreement of both parties
• Living separately for more than 5 years
Separation
Separation is the situation whereby you and your husband or wife live separate lives, but have not yet reached the stage of divorce. Indeed, the aim of separation is sometimes to allow time for the marriage to be repaired. A court order may be granted during a separation in order to establish things like child custody and division of money or assets.
The Stages of Divorce
To begin divorce proceedings, you must file a ‘divorce petition’, also known as form D8. In this you will provide your personal details along with names of any children and reasons for divorce. You will need your original marriage certificate to do this. The cost of filing a divorce petition in the United Kingdom is currently £340.
Once the form is received by the court, a copy is sent to your husband or wife. They will then be asked if they wish to defend or not to defend the divorce. If they choose to defend the divorce, the process is likely to take a lot longer and lead to much bigger legal bills.
If your husband or wife does not wish to defend the divorce, you can apply for a decree nisi, which means the court accepts that there is no reason not to grant the divorce.
The next and final stage is to obtain a decree absolute, which will formally end your marriage.
Written by James Sheehan, a passionate blogger with past legal experience
» Filed Under Changes through divorce and seperation, Divorce, Divorce Tips, Family Mediation, Surviving Divorce, Tips on dealing with separation and Divorce, Tools helping you through seperation / divorce
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