How to Get a Divorce in the UK
- Author James Walsh
- Published October 30, 2007
- Word count 696
This has seen the birth of an efficient and specialised divorce industry with lawyers to help you, counsellors to support you, agents to assist you if you are an expatriate, child care centres to take care of your children in the meantime, and several support groups to answer your queries or take up your cause.
Steps
What are the steps to getting a divorce in the UK? Without going into too much legal jargon, the steps have been summarised below. For those who are into cohabitation or a same sex relation, the laws would be somewhat different. It must also be borne in mind that the laws are being reviewed and amended as the number of divorces rises in the nation, so you need to check out and see for yourself any particular rules that may apply specifically to your case.
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The first thing to do is to decide whether you want the divorce at all or not. You may be in a rough patch of the marriage, but maybe this is something that can be solved. If you are unable to do so yourself, you may seek the help of a government mediation centre where a certified expert will speak with you. The idea is to provide you with a neutral atmosphere to help you judge the situation better. You may also approach counselling centres like Relate, or other private social service centres.
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If you are sure about it, the next step is to know a bit on the process. You may look it up on the internet, almost all details, documents and samples are available on it if you search a bit. All forms and documents are also available with all local courts free of cost in Britain.
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The first step is to file for the divorce. If you are the applicant, you need to collect a form and fill out the details asked in it, including the grounds for the divorce and some personal statistics, and give it to the court for processing. Your spouse, who is the respondent, will be mailed the document by the court, and needs to return it after filling out the required parts. If he or she wants to defend it, then they have the right to state so, hire a lawyer and appear in court.
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The next step is to obtain the decree nisi. The court grants this and this means that your divorce is almost finalised.
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The last step is to obtain the decree absolute. Once this piece of paper is stamped and sent to you, your divorce is complete and your marriage becomes null and void. If you change your mind after that, you will have to remarry each other.
Grounds of Divorce
The following are the grounds on which divorce is granted in the UK.
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Adultery: If your partner has been unfaithful in the marriage, you will have to prove that conclusively, and your partner has the right to argue against it in court.
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Unreasonable Behaviour: This includes everything from physical abuse to snoring, so make sure that you know what you are doing, and have adequate proof of a really serious ground for divorce.
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Abandonment: This also needs to be proved conclusively in the court. There must be no contact from your spouse over a specific time period, including mails or phones.
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Two Years Separation with Consent and Five Years Separation with or without Consent: The first case is the standard formula for an amicable and hassle-free divorce. The second one, if it is without consent, is often a way out for those who have lost their spouses in accidents, crime, or other circumstances and have not had the heart to admit to themselves that he or she is dead.
Divorce Timeline
The respondent is given eight days to decide how to answer the court. There is a time period of five weeks before the parties respond to the decree nisi, and six weeks and a day for the decree absolute. This is not just important for the court to process your papers, but also gives you the chance to think over what you are doing and realise its impact on your life.
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
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