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Divorces In The Uk
By James Walsh
Divorce Options
Online Divorces: This easy and confidential way of applying for divorces became popular in the 1980s. Professional couples began to opt for this convenient method which also offered them privacy and freedom to schedule their own divorce pace. The method is basically simple involving a few steps:
- Surfing the Net for an online divorce firm
- Choosing an online divorce firm
- Filling up the Information Form
- Making the advance payment through credit card
- Verification and correction of the petition – this is usually done by the legal team of the online divorce firm. They prepare the divorce petition and mail the parties seeking their approval.
- Submission in Court for Final Divorce Decree: On approval, the petition is sent back to the online firm which then submits it in court. If not approved, the parties have to fill in the information form again and send it. The online legal team drafts the petition and sends it by post to the respective parties.
DIY Divorces: This is the latest popular method of obtaining divorces in the UK. It ought to be remembered that the DIY method can be used only for uncontested divorces. Couples can shop for DIY divorce kits or download them via the Internet. They need to fulfil certain conditions such as the absence of minor children and the positive health of both partners. Once chosen, the DIY kit enables couples to set their own divorce pace and priority. It ensures them anonymity and privacy. DIY kits usually come with instruction and guideline sheets which explain the process to the couple. The couple fills out the information form, drafts the divorce petition and submits it in court. Most courts in England and Wales have scheduled a ‘walk-in’ day for DIY divorce petitioners.
The Solicitor-driven Divorce: This is the oldest and traditional way of applying for a divorce. The couple contemplating divorce simply visits a solicitor and entrusts him or her with the entire divorce process. But, this method is usually not preferred as it is expensive and devoid of privacy. The divorce proceedings are scheduled according to the lawyer’s demands and priorities. This means that the divorce process can be a long haul including a fostering of acrimonious relations between both parties.
The Process
The divorce process follows a routine path irrespective of the divorce method. Couples who go in for uncontested divorces via the online or DIY way do get a divorce petition submitted to court earlier than those going through a solicitor. Once the petition has been submitted, it is up to the court. The court usually takes about eight months to approve and finalise the petition. But the length of the process is doubled when the divorce case involves minor children.
Statement of Arrangement: This statement is prepared by the petitioners – it can either be the online divorce firm’s legal team, the partners themselves or the solicitor. The statement outlines all the living arrangements of the child. These usually include child details – name, age and gender of the child, identity of caretaker, custody issues, visitation schedules, and parent responsible for the payment of child’s school fees.
Acknowledgement of Service Form: This is a Question and Answer form which has to be filled by the absent parent for the smooth continuance of court proceedings. Divorce deliberations can only begin in court once all three forms are duly received:
- The Statement of Arrangement
- The divorce petition
- Acknowledgement of Service Form
The petition has to be accompanied by the original marriage certificate. The entire legal process costs about 300 pounds.
Decree Nisi: The court takes 3-4 weeks to process the acknowledgement form. It then sends both parties copies of the Acknowledgement and part IV of the Statement of Arrangements. The parties also receive blank copies of an Affidavit with an Application containing directions. These documents have to be signed by the parties and their solicitors before witnesses for registration in the local court. If the court is satisfied with the documents, decree nisi is granted. But, if dissatisfied, the documents are sent back to the petitioners. The court usually clarifies matters by calling the petitioners or solicitor to court for explanation of certain ambiguous terms and clauses in the documents.
Decree Absolute: The Decree Absolute can be granted only after the decree nisi has been awarded to the petitioners. Application for the decree absolute can only be made after six weeks and a day later. The court schedules a brief hearing. The respondent may oppose it or agree. The total charges amount to 40 pounds.Article Source: http://www.ArticleJoe.com James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed divorce see www.managed-divorce.co.uk
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