How do You Go about Getting a Divorce in the UK?
The best way to let go of the pain caused by divorce would be to analyse what went wrong. Inasmuch as that would be a painful experience, with the flood of emotions you will go through, it will also be a time for self-revelation and inner healing. Divorce can be a painful process to go through, and more painful can be the fact that you do not know what your divorce options are. Are you feeling you do not know where to start? Do you think you are overflooded with options but do not know what is right for you? Being emotionally distraught and vulnerable will not get you anywhere. It will be especially important to hold yourself together because there will be a lot of important decisions that need to be taken, and a lot of relationships at stake. We have some guidelines you can follow if you have decided that divorce is the course of action you would want to pursue.
Guidelines for Getting a Divorce in the UK
Firstly, it is important to get a good solicitor. You would need a solicitor even if you were trying to reach an informal arrangement. You and your spouse would need different solicitors to represent each one of you separately. This would ensure that the agreement is legally valid.
You can obtain a ?petition for divorce? from the solicitor. You need to be married for more than a year to be eligible for obtaining a petition for divorce.
It is important to understand that the court will grant divorce only if it is apparent that your marriage has reached an end. The reasons that will satisfy the court would have to be one or more of the following. You will also need to have adequate proof to support the following reasons:
1) Unreasonable behaviour by a husband or wife
2) Act of adultery by a husband or wife
3) Two years of separation, if you and your spouse agree to divorce
4) Five years of separation, if you and your spouse are not in agreement for a divorce
5) Desertion period of at least two years
When do you use a separation agreement? You can make use of this option if you are still unsure about getting a divorce. You would need to use a ?deed of separation? to ensure that any arrangements pertaining to finances, child custody, or other plans are legally documented. The procedure for seeking separation is the same as that of divorce and the court will have the power to decide on your financial obligations. However, these financial obligations do not include pension-splitting. Therefore, if pension-splitting is your financial objective, then this might not be the correct option for you. In addition, legal separation does not allow you to remarry.
Once you have filed the petition, you have legally started the divorce process. If you are filing for the divorce, you will be called the ?petitioner?, your spouse will be called the ?respondent?, and any third party that may be involved will be called ?co-respondent?. The court will then send the petition to your husband or wife and the co-respondent. Your spouse will have eight days to acknowledge that he or she has received the petition. If your spouse fails to do that, then the court will appoint someone to serve the petition in person.
The stage wherein the judge decides whether or not there are proper grounds for divorce is called ?Decree Nisi? whereas? Decree Absolute? is the final stage of a divorce. You will be considered no longer married only after you obtain Decree absolute.
Collaborative law is another approach to seek divorce. It allows the couples to amicably and logically resolve dispute amongst each other without bearing the burden of going to court. You will still need your respective lawyers to represent you and answer to any legal queries you may have. The major advantage of collaborative law is that you can bring in your team of experts such as child specialists, accountants, and financial advisors to assist you in the divorce process.
Mediation is another alternative to avoid the hassle of going to court. Mediation is a process wherein both the partners communicate with each other to sort out their issues in front of an independent mediator. Mediation is in no way similar to marriage counselling because opting for mediation means that you and your spouse have decided on divorce. You will still need a solicitor for the proceedings because a mediator will only give you general advice and not specific personal advice. Therefore, it would be beneficial to discuss your issues with your solicitor before and during the mediation process.
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
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