Divorce and Separation:
This is one area of family law which can be difficult for people to deal with. There are many factors at play here, and sometimes an individual's circumstances make it so that they do not want to deal with their husband/wife. In such instances, where there are lengthy legal proceedings involved requiring the involvement of both parties, many prefer to have someone in the middle who not only advises but also interacts with the other party.
At ULA Solicitors we have worked with many individuals in the past and have obtained successful divorces for them.
Obtaining a divorce is a two part process:
1. Decree Nisi
2. Decree Absolute
There are various things to take into consideration when filing for a divorce which a solicitor would be able to advice an individual about. For example, one must first consider whether they have a ground for a divorce. There are various grounds on which one may wish to obtain a divorce, these include:
- Unreasonable behaviour
- Separation for more than 2 years
- Separation for at least 5 years
Once an individual has established firm grounds for divorce, it is ideal to discuss their options with a solicitor. Solicitors have acquired in-depth knowledge of the legal system and are aware of the particular application that needs to be submitted. Another issue which people have when filing for a divorce is to pinpoint the place of residence of their husband/wife. Normally, when the party has decided to seek legal representation for the purposes of their divorce, one side's solicitor can obtain the address of the other through the other side's solicitors and vice versa. A fee will also need to paid when filing for a divorce.
Once one has established that they have firm grounds for divorce, and what those grounds, they have to be file for divorce. Knowing which application to submit can be tricky and hence a solicitor can be valuable. Another issue which people have when filing for a divorce is to pinpoint the place of residence of their husband/wife. Normally, when the party has decided to seek legal representation for the purposes of their divorce, one side's solicitor can obtain the address of the other through the other side's solicitors and vice versa. A fee will also need to paid when filing for a divorce.
Following one side filing for a divorce, the other side must then complete the acknowledgement of service sent to them. The difficulty can sometimes be in understanding whether or not to complete this, and what parts of the form to complete in instances where you are disputing the divorce, compared to where you agree with it. In instances where you may disagree with the divorce a fee of £245 may need to be paid.
If one's spouse agrees with the divorce then one may apply for a decree nisi. If the court agrees with the grounds for divorce then the husband and wife would be sent a certificate with a date and time when the decree nisi was granted. Sometimes, the judge may not agree with your grounds for divorcing and hence will send you a refusal of the Judge's certificate stating that the couple may not divorce and the options they have.
If the decree nisi is granted then the couple have to wait 43 days before they can apply for a decree absolute. Even if you did not initiate the divorce you may apply for the decree absolute. The court will consider grounds for granting and that all time limits have been met when granting the divorce.
There is no legal aid available for divorce matters across the UK and hence an individual seeking a solicitor's help would have to pay privately.
From the above one can see that the process involved can be both lengthy and complex, with various forms to complete and deadlines to meet, at ULA Solicitors we have specialist solicitors who are able to assist you throughout this process.