Free Divorce And Separation procedure Advice

The aim of Public Advice is to offer help and guidance to answer your questions and explain how to apply for the process your self.

Here is some information which may help answer your questions briefly right now.

If you're at the start of what looks like a separation or divorce then some helpful advice may help reduce the stress and anxiety. There are all sorts of worries at this point: over the future, over money, over being involved in the law, over children (if you have any). This is a normal reaction. And bit by bit, things will and do start to get sorted out.

If this is your first encounter with the law you may be surprised by how scruffy and untidy it feels.

A few words of advice, TV and magazines often give a false picture of the way that the law feels when you're involved with it. Many people assume that the law will do some things that it can't or doesn't. Here are some points to remember: -

You're not likely to go to court

Very few cases do end up with a court hearing. So if, when you started thinking about divorce, you saw yourself in a witness box, bravely dealing with the questions of the lawyers, forget it. It isn't going to be like that.

Nearly every divorce case is undefended. There are often arguments before it starts about who is going to start it and why, but once the papers are filed most cases don't get defended. This is for the very good reason that it costs a fortune and isn't worth it.

It's a 'paper process'

Nearly every stage of the divorce takes place on paper. This means that the documents end up being very formal, written in legal language. But it's still your divorce. If you don't like what your solicitor has written, say so. If you don't understand it, don't be afraid to ask.

"When it started I felt a sense of shame. I didn't want to be mixed up in the law. And panic. I was sure solicitors were going to be very expensive."

It's expensive

One thing the media don't get wrong is the cost of solicitors. It will be expensive, and even if you get legal aid you will have to pay it back if you get money at the end of your divorce.

The Most Common Reasons for Divorce and Separation

There are many reasons why a couple may consider a divorce and while there are literally hundreds of reasons some of the reasons tend to stand out more, and are amongst the most common cited. This may or may not be your reasons for a divorce but they are definitely worth noting.

Poor Communication

This is the single biggest reason that couples end up in divorce court. Bad news is if you could not talk during your marriage to resolve issues, it is not likely to improve when you add lawyers and courts to the mix. Our advice is to talk it out, or expect the problem to drag out a while. If you both had great communication skills together, you would probably be able to resolve your issues. However, many couples have this problem and it is amazing each year how many more divorces are filed every year because of it.

Financial Problems

This is the second most serious marital problem that can occur. Reason being that if you have financial problems, the rest of your life is full of stress. If you are stressed out, the smallest things will irritate you and possibly create a huge fight. This is never a good sign, try to do whatever you can to resolve those financial problems if you want to avoid divorce. This includes curbing your shopaholic ways, saving more money, trimming back on bills, maybe even getting a better paying job. But it is important to realize that not everyone has the ability to get a better job or cut back again on bills. If this is not an option then you cannot totally blame your spouse.

Commitment Problems

This reason can range from the "I'm not prepared to really settle down after all", to the "oh my god I just caught my spouse cheating on me" version. Which end of the scale you land on can vary, but there are actually times where a spouse is actually committed but just makes a foolish mistake. However, if there have been several foolish mistakes then you know trouble is brewing in paradise. Additionally, if your spouse seems to have problems adjusting to the married life then there may be commitment problems.

Cheating

Many spouses do not care if it was a one-time slip up, or the fifth slip up they will not tolerate cheating. This is another popular reason why spouses end up in duelling divorce battles.

Unmet Needs and Failed Expectations

If you marry someone with the assumption that they will help support you both mentally, emotionally and financially only to find them either unable or unwilling then you are often left with no other recourse than to seek a divorce.

Alcohol, Drug, Internet, or Some Other Addiction

This is becoming a huge biggie for a lot of people. Nobody wants to be married to someone who has an addiction. Especially drug or alcohol addiction because of the physical dangers involved.

Abuse

Nobody deserves to be abused for any reason and his is a great reason to file for a divorce. Never stay in a relationship that is abusive for any reason. If you wish, you can always work with your spouse to help change things, but put a time limit on this. If after a specific period of time things are not better then it is a good idea to call it quits and file for divorce.

The Basis for Divorce

There is now just one ground for divorce in England and Wales, and that is that the marriage has broken down irretrievably.

The five facts of divorce

If either spouse feels that they cannot continue with their marriage, either the husband or wife can apply to the court in order to have the marriage dissolved. This application is known as the Petition and the person who makes the Petition is known as the Petitioner. The other spouse is then known as the as the Respondent.

In order to prove to the court that the marriage has broken down irretrievably, the Petitioner needs to give evidence in writing (in the divorce Petition) of any one of five facts. Subsequently this evidence needs to be accepted by the court.

These divorce facts are:

The majority of divorces are undefended and are granted on one of the first two facts. Mainly this is because the other 3 facts require the couple to have been living apart for at least 2 years, which is not applicable in many cases. Although the only fact that needs the respondent's consent is separation for 2 years, for practical purposes you will need to agree that the marriage has fatally broken down. It is also wise to make sure that both parties know of the contents of the petition so that things can be resolved amicably and any expensive or traumatic disputes can be avoided later.

The Divorce Procedure

Step One - Filing the Petition

This is the request to the court to grant the divorce and gives the court all the facts about the parties and the reason for seeking the divorce - one of the five facts already discussed. The person applying for the divorce is referred to as the Petitioner. The other spouse is referred to as the Respondent. If there is a third party they are referred to as a Co-Respondent.

If there are children (under 16, or over 16 and still in education) to be considered in the divorce ,then in addition to the Petition, a Statement of Arrangements for the children needs to be completed to give details of the proposed arrangements for the children after the divorce. Three copies of these forms need to be completed – one couple for the divorced husband and wife and one to remain in the courts. An additional copy of the petition will be needed if adultery is the reason for the divorce, for the person the offending husband or wife committed the adultery with, i.e. the co-respondent.

These documents, together with the marriage certificate and a £340 fee, are sent to the Court to start the divorce process.

By calling Public Advice we can explain this step fully, and the forms that need completing and where to get such forms.

Step Two - Service of the Petition

The Court will check the documentation and if they are satisfied that it complies with all the requirements they officially issue the divorce petition and send it to the Respondent, together with a Statement of Arrangements and a form for the Respondent to complete and return to the Court (Acknowledgement of Service form).

Step Three - Acknowledging service of the Petition

The Respondent should return the form to the Court within 7 days, indicating whether or not they wish to dispute the divorce proceedings. If they do want to dispute it they will have to file another form called an Answer within 28 days of receiving the Petition.

Step Four - Confirming the facts in your Petition

The Court will send a copy of the Acknowledgement of Service form to the Petitioner, who must then swear an affidavit (just legal jargon for a written statement sworn under oath to be true) confirming the facts in the original Petition.

Step Five - Pronouncement of Decree Nisi

A decree nisi is a legal document that does not come into force until a certain condition is met, and in this case serves as a provisional divorce order.

If the court is happy with all the documentation they will set a date on which the decree nisi will be pronounced in court. The parties are not divorced at this time however, as there is a second stage required to finalise the divorce (the decree absolute).

It is not usually necessary for the parties to attend court to hear the decree nisi being pronounced, unless the parties are unable to agree on arrangements for the children. Once the decree nisi hearing has taken place, both parties will be issued with a decree nisi certificate.

Step Six - Application for the Decree Absolute

43 days (6 weeks and a day) after the decree nisi is pronounced the Petitioner can apply for the decree absolute. There is a standard application form and a fee of £45. Only once this has been granted are the parties officially divorced. If the Petitioner fails to apply the Respondent can apply 3 months later.

Step Seven - Receipt of the Decree Absolute

Only once the decree absolute has been granted and sealed by the court are the parties officially divorced. This is an important document and it should be kept in a safe place.

The whole process is a lengthy one that will take months to complete due to the number of legal forms involved. The exact duration will depend on how quickly forms are returned and the willingness of each party to divorce.

Further advice

We hope this small amount of divorce information has helped you understand briefly the divorce process.

To be recommended a solicitor please call us on 01923 85 42 02..

This content applies to England and Wales only as laws vary between England, Scotland and Northern Ireland.