Filing for divorce in the UK


  • Author Adrian Vultur
  • Published January 27, 2011
  • Word count 569

Filing for divorce in the UK can be daunting, but with new downloadable divorce papers available from divorce solicitors, the whole process can be made much easier.

In order to settle a divorce without problems, it is important to understand the actual process of divorce, which will help you overcome obstacles in the future.

To apply for a divorce in the UK, one of the spouses must have lived in the UK during the previous year. If neither party contests the divorce, an uncontested divorce may follow, which will normally take 6 months. If there are no children involved or immovable property, you can settle a divorce much quicker, with the help of a divorce solicitor. The judge will then make a decision called a decree nisi, and you will not need to attend the hearing.

If children are involved in the case, the judge will want to ensure that their interests come first. In England and Wales the Child Support Agency (CSA) which comes under the administrative agency of the Ministry of Social Security, determines the vast amount of payments to be paid to children. Parents do have the opportunity to appeal decisions of the Child Support Agency. Since the Agency was introduced in the early 1990´s, courts have no general power to deal with child maintenance and they are only allowed to make maintenance order for children in a limited number of cases.

If anyone claims they are going to court to get maintenance or to take their ex to the cleaners, such a situation is unlikely and they should seek the input of an experienced family law solicitor.The CSA deals with payments which help support children, and it will make an unbiased assessment on the information given, and chase the non-payer in case of default. A divorce solicitor can help in this situation is to assess an individual's personal circumstances and advise a client whether to make an application to the courts, or leave things to the CSA. This advice should be sought as early as possible in the divorce process, so that a person can make the right decision for their children, and enable them to be looked after financially.

Six weeks after the decree nisi, the applicant will seek to divorce and request from the judge what is called a final decree absolute. If one partner does not agree to the divorce, it will go through a Defended divorce process, and you will need the help and support of a solicitor. A judge will pronounce the divorce if it can be proved the marriage is in a situation of irretrievable breakdown, which includes adultery, desertion, separation granted of more than two years or 5 years when separation is not agreed.

The most important thing to consider when filing for divorce, is that you and your children will be looked after. If you are unsure about the impact of divorce, of if you need more information about divorce law in the UK, contact an experienced solicitor who will give you support and guidance through the whole process. Contact a solicitor who offers free divorce forms to download, and one who will help you through the difficult early stages of the process. Divorce can be stressful, and you should seek the help of a solicitor who is not only experienced in divorce law, but also one who will take the hassle away from you during the process.

Adrian vultur writes for Free Divorce Forms

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