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UK Divorce Law - The Divorce Procedure

Author : Matt Kirkman

Within England, the actual process for getting divorced is essentially fairly straight forward. Having said that, what typically complicates cases of divorce and may cause them to become problematic and time-consuming, tend to be all of the matters which must be reconciled, and the attitudes the husbands and wives have towards each of these issues. For anyone who is considering submitting a Divorce Petition, here is a simple overview of the process.

Get some help and advice - Even though this is not a part of the official process, it is important that you get qualified help and advice at the earliest opportunity. Divorce happens to be a legal procedure, and for anyone not really acquainted with exactly what is involved, it might be a difficult process - no matter how friendly it might all seem at the start. Discussing your situation with a Divorce Solicitor is the best way to fully understand all your options so you are able to make your mind up what you need to do.

Divorce Petition - If, after speaking to your solicitor, you opt to go ahead with the divorce, you need to complete and submit a Divorce Petition. This outlines to the court why you feel you should be divorced, along with what you're suggesting or seeking when it comes to issues like support, court costs etc.

Statement of Arrangements - If both you and your wife or husband have kids together, you'll need to complete a Statement of Arrangements along with the Divorce Petition. This explains the proposed arrangements for the children after the divorce, such as where they're going to live as well as how much contact the non-custodial dad or mum will be offered.

Acknowledgement of Service - When your partner receives the Divorce Petition and Statement of Arrangements, they've got a short time to reply to the court by using the Acknowledgement of Service form. In this they'll state whether or not they intend to dispute the divorce. They'll need to complete an additional form, referred to as an Answer, together with the Acknowledgement of Service if they're planning to dispute the Divorce Petition. If this is the situation with your divorce, you should obtain further guidance from your solicitor regarding your options for managing the matter.

Affidavit - If perhaps your spouse agrees to the divorce, you will receive a copy of their Acknowledgement of Service which you need to return, together with an Affidavit. The Affidavit is basically where you legally state that all the facts outlined in the original petition are accurate.

Decree Nisi - Once the court has received all of the forms from you, and it is happy things are in order, it will pronounce the Decree Nisi. You aren't actually divorced at this time, it's simply the court acknowledging that the correct legal procedure has actually been followed, as well as that you ought to be divorced.

Decree Absolute - 6 weeks later, and preferably after all the terms of the divorce have been sorted out, you are able to apply for the Decree Absolute. When you obtain this your marriage will be dissolved and so you will be legally divorced.

While the process you have to undergo so as to get a divorce might appear quite simple, every divorce case is unique and consequently offers an unique challenge. Which is the reason it's always a good idea to get advice from a Divorce Solicitor, who'll be in a position to assist you to properly manage your divorce and keep any sort of emotional stress to a minimum.

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If you are living in or near Leeds, West Yorkshire, and you are struggling with some sort of Divorce Leeds problem, a Family Law Solicitors Leeds office can give you the help you will want.

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Tags:   family law, divorce, adoption, solicitor, lawyer, leeds

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Submitted : 2011-02-28    Word Count : 870    Times Viewed: 580