Understanding the Divorce Procedure in the UK

FamilyDivorce

  • Author James Walsh
  • Published April 22, 2008
  • Word count 724

The law is enough to scare off anyone in any part of the world and people do not approach the court out of a fear for complications. In such a situation, this country offers a commendably fast, very efficient and relatively fair handling of cases that concern the human heart. It is a fact of the day that British lawyers, no matter how much they are maligned for making money from miserable people, are doing their job with a certain level of professionalism that is not easily available.

Steps to Divorce

How do you go about getting a divorce in this country? There are several steps to it that can be summarised in the following as they would happen in order. However, the rules are more complicated for live-in couples and same gender relations. These steps are under discussion at all times, and are being amended whenever possible to make them easier and more flexible as well as in keeping with the times. It is strongly recommended that you check the exact procedure just before starting off.

  • A divorce always starts with the decision to divorce. This is not as simple as it sounds. There are many people who have jumped out of a marriage at the heat of the moment and regretted it heavily later on; there are others who have delayed a divorce till everything went out of control entirely. If you are not sure whether you are doing the right thing or if your partner is not cooperating, approach a government mediation centre, where you may be able to sort out the issue at low cost. You may also consider visiting a marriage or divorce counsellor. There is a lot of material on the net as well if you need to look it up.

  • Once you take the decision, you must double-check on the procedures involved. For this, you may look up websites such as Divorce Online or Quickie Divorce or you may visit the government’s website or the site of Relate. Apart from downloading online, the government has made the provision for collecting all forms and documents needed to file for a divorce available free of cost at all courts of the country. You may also buy such a pack off the shelf at Tesco supermarkets.

  • If you are the one initiating the divorce, then you become the applicant now. You will fill in all required details into the form, along with the correct ground for the divorce, and submit it to the nearest court for processing. The court will then mail this form to your spouse and he or she must fill it in and return within a specified period of time. This will make him or her the respondent. However, if he or she wishes to disagree with you, then they can defend themselves by hiring a lawyer and going to court. If you have made any suggestions that sound accusing, base it on facts, or you will be in big trouble.

  • When the court is more or less satisfied that you deserve the divorce, you will be granted the decree nisi. This is the time when you should put in a separation agreement with all details of the divorce if you want it frozen by the court.

  • Finally, the court grants the decree absolute. This means your marriage stands null and void and the two of you are separate legal and financial units and you may remarry if you want. If you have put in any agreements prior to this, they have got sealed too, and breaking a clause will be legally punishable.

Grounds of Divorce in the UK

Below are the grounds on which divorce is granted here:

  • Adultery: You must prove your partner is unfaithful to you.

  • Unreasonable Behaviour: Physical or mental abuse, bad habits or anything at all that can break a marriage, but must be proved concretely.

  • Abandonment: This means no contact between the partners for a certain time, not even through mail or phone.

  • Two Years Separation with Consent and Five Years Separation with or without Consent: The first instance is the usual formula for getting an amicable divorce. In the second case, a lot of people try to leave behind the memory of a spouse lost in accident, war or other circumstances. It is a gentler way of admitting death.

James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com

Article source: https://articlebiz.com
This article has been viewed 1,065 times.

Rate article

Article comments

There are no posted comments.

Related articles