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UK DIVORCE

Updated on December 16, 2014

Love in Bloom

UK Divorce

Getting divorced is a serious challenge, where dangers lurk at every turn. A divorcee must consider many problems. The welfare of the children, what is involved in getting a divorce and how to protect yourself from losing the things you are entitled to.

Part of the divorce process is finding your way through the red tape while you find common ground with your spouse. The statement of cause of the divorce is a part of this process. The placement of the children and how property will be settled is also a part of this drama.

Hiring a solicitor is usually the beginning of divorce litigations. There are divorce solicitors with offices in Kent you might think of hiring or hire an agent closer to your community.

Agreeing to take care of certain main items in your divorce will cut the time it takes to finish the procedure down to about four months. Without an agreement the time can really drag on. There are certain steps that are required before a divorce can come to completion in the UK.

  • Set the grounds for the dissolution of your marriage
  • Register your documents
  • Place an application for the ‘decree nisi”
  • The final step is the decree absolute



Growing Apart

The reason for getting a divorce is not trivia. You must prove the break down of the relationship and the marriage must be in effect for a one year period. Serious issues are grounds for divorce, abandonment, adultery.

To begin a divorce, papers are filed, starting with the D8 which is a petition for divorce. The cost of this document registering is £340; the fee is not payable by everyone due to financial hardships. The courts have arranged a break for those on subsistence supplements. These formal papers are filed and documented by the court.

After all legal precedents have been satisfied a petition of divorce is served on your spouse. If they choose not to challenge the petition you divorce is easy sailing and the marriage will be over in no time; possibly four months. Without agreeing the solicitors will find a balance to the dispute.

After all arguments are settled your can apply for the “decree nisi, this is a statement making it clear the judge has approved your reasons for divorce. This process checks all forms and reviews any child support documents filed with the court.

If all paperwork is in order and permission is granted for the divorce, you will be eligible for the final paper the decree absolute. This is applicable after the six week issuance of the “decree nisi.” Once presented with the decree nisi the marriage is officially over. Changing your life and the life of your children if you have any doubts this is harder than one can imagine

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Divorce is a difficult avenue to pursue, filled with uncertainties. There are many things to think about, will the children be displaced, the amount of child support needed and other property distribution such as house cars and other properties. Divorce is an issue that has no boundaries, it happens in all countries and cultures. Sometimes people simply cannot solve their problems.

There are a few things that must be done to start divorce proceedings in order to arrive at a settlement with your spouse. Stating the grounds for the divorce, deciding upon the best place for the children, and the way you and your spouse will settle any accumulation of property.

The first option for most is to find a good solicitor. Possibly think of hiring a solicitor located in the Kent district, or a city close to you to support your interest in the divorce process. Occasionally, hidden assets must be uncovered in some divorce cases.


There is a silver lining in the process, if you and your spouse agree, and then the time it takes to get a divorce is reduced. If an agreement cannot be accomplished, expect to be in for a long ride filled with court dates and paperwork.
There are procedures the UK recognizes in a divorce application:

  • Write your reason for divorce
  • File the divorce form
  • Get the “decree nisi”
  • File for the decree absolute


In the UK proof that the marriage is beyond saving is required. These facts are required by law to be explained to the court before you are allowed to get divorced. The grounds can be any reasons that express irrevocable reasons for the destruction of a marriage; adultery, desertion and other unacceptable acts.

To get the divorce process started the form D8 or a divorce petition must be filed. A fee amount of £340 is designated payment for this process. However, low income filers are granted a discount when applying for the divorce process. Fill out all forms and see to it they are filed in the court.

In a short period of time the divorce notice will be presented to the husband or wife, to let them know a divorce is pending against them. Your spouse may decide to contest the divorce. If this happens, you will be in for an expensive fight for a process that might have only taken four months. This is where solicitors must settle the dispute and try to speed the process.

After the agreement is settled the application for the “decree nisi” can be applied for. This document shows the court accepts the reasons you have filed for the divorce. The judge has the last say on your reasons for filing the petition for divorce in the first place. The judge will also go over child support and other necessities.

If the judge does not have a problem with the paperwork and agrees to carry the divorce through you can file for the “decree absolute.” Six weeks into getting the “decree nisi” the decree absolute can be applied for. Once you have this paperwork the divorce is official.

Breaking Up

How to Get a Divorce Without a Lawyer

Decree

Under UK statues a divorce can only take place if there is a serious reason. All evidence proving the breakdown in the marriage should be submitted in written form to the courts. Adultery, abusive behaviour, and desertion among others are reasonable cause.

The beginning of any UK divorce requires the D8 in triplicate. This piece of paper is the divorce petition. There is a charge for the filing, a fee is £340. If you are a low income resident the fee may be reduced. After completion of papers file them with the proper court department.

Once all of this is taken care of your spouse will receive a notice of your petition for divorce. Your spouse has the right to accept or fight against the divorce procedures. The husband or wife can cause a major slow down in proceedings if they decide to argue against the petition in court, making the process harder than necessary. If you and your spouse cannot seem to agree solicitors will prepare an agreement.

After agreeing on terms for the divorce a “decree nisi” is the next step. This forms states the courts are in agreement with your reasons for a divorce. Now a judge will take all evidence under advisement and decide if you should get your divorce and of course, the care of the children will be considered.

If the judge is in agreement with the divorce, the way is clear to file for the “degree absolute. After the six week period of your “decree nisi” you can place the application to receive the “decree absolute”. Once you have this document, you are no longer married.

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Getting a divorce takes a person through many steps. This is a difficult time for many people and filled with problems they never thought they would face. Trying to find the route through divorce procedures while finding who gets the kids and what visitations are decided on.

The divorce process has to go according to steps in the UK court system. You need to show reasons for the marriage would not work between you and your spouse and offer these reasons to the court. Reasonable arrangements for child care or support if there are children, and a decision on physical property must be decided upon.

Going into a divorce settlement without a lawyer is not the thing a person wants to do. Hire a trained solicitor, preferably one in Kent, if not, hire and a solicitor in the area where you live to help you with your divorce. If they reject the petition the courts will have to decide and this could take a very long time and get rather expensive. Your hired solicitor will take the necessary steps to get the procedure through the courts for you if it is stalled by your spouse.

There is a positive side; if all features of the divorce are amicable the process is quickly taken care of. If this is not the case, the divorce will linger on for ages. According to the UK judiciary there are several items to be attended to:

  • Why the marriage would not work
  • The petition
  • Form- “decree nisi”
  • Obtaining the “decree absolute”

Comments

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    • Tiffany Latte profile imageAUTHOR

      TiffanyLatte 

      4 years ago from USA

      UK info is close to U.S. divorce with a slight twist. It is always good to hear people are staying together. Thanks for comment.

    • Shyron E Shenko profile image

      Shyron E Shenko 

      4 years ago from Texas

      Tiffany, this seems very much like a divorce goes in the USA. None of my UK friends have gotten a divorce.

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