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How To Get A Divorce
To obtain a divorce in England and Wales, under the divorce laws you need to follow a set of procedures in sequential order. A range of documents need to be filled in and then filed at Court. It is essential that these forms are completed correctly to prevent problems occurring. Our expert solicitors are able to give advice and guidance at each stage of the procedure of getting a divorce and they will communicate with your spouse or the solicitors representing them.
Phase one: - Filing the Divorce Petition is a request for the court to start the divorce process. Your petition will include the particulars of both parties and the reason for starting divorce proceedings on one of the following grounds: - adultery, unreasonable behaviour, two years desertion, two years separation with consent or five years separation.
If you are applying for divorce you are known as the Petitioner and your spouse is named the Respondent.
Phase two: - Once you have submitted your documentation to the court, it will be checked, and if it fulfils all the requirements, the court will then send the divorce papers and instructions on how to complete the Acknowledgement of service form to the Respondent.
Phase three: - The Respondent has 7 days in which to return the completed documentation, also stating if they wish to challenge the divorce proceedings. If this is the Respondents position they will be required to complete and return a form known as the “Answer” within 28 days from receiving the Petition.
Phase four:-The Petitioner will receive a copy of the Acknowledgement of Service form and the Petitioner will have to write a statement, under oath to be true, officially recognised as an Affidavit, confirming that the statements in the original forms are true. This form will then be sent with the Acknowledgement of Service back to the court.
Phase five: - A date for the Decree Nisi will be declared if the court is satisfied with the documentation. Unless the Petitioner and Respondent cannot agree on the arrangements for the children they do not have to attend court to hear the declaration.
Phase six: - You will have to wait six weeks and a day after the affirmation of the Decree Nisi before you are allowed to apply for a Decree Absolute. You will be required to complete an application form and pay a Court fee after which the court will then pronounce your marriage dissolved. You will receive a Receipt of the Decree Absolute which should be kept in a place of safety.
You can be secure in the knowledge that Betteridges will guide you through all the complex phases of getting a divorce with sensitivity and support.
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