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Making Sense Of The Divorce Process
Many UK marriages end in divorce and it is usually a very confusing and unstable time for all involved; the procedure itself isn't particularly straightforward and can often add more stress to this already unsettling time since neither party seems to be sure what's going on. This article will provide a brief guide to the system, hopefully clearing up some of the jargon.
A divorce is instigated when either party applies for one. This is called the petition and the person who begins the process is called the petitioner, while the other party is the respondent and any other people named in the proceedings the co-respondents.
A petition will only be granted in the cases of at least one of five factors which will convince the judge that the marriage is 'irretrievably broken down' - adultery or unreasonable behaviour by the respondent, desertion by them for two or more years, two years separation if both parties agree to the divorce or five years if there is no agreement.
Assuming one or more of these is met, the petition can be returned to a county divorce court and legal proceeds can begin. The respondent and any co-respondents will be posted a copy of the petition, which is then considered 'served,' and the way in which things proceed depends on whether the respondent agrees to the separation or not. The court may wish to see more information regarding how assets will be broken up and, if there are children involved, the court will want to review and agree with the arrangements made for them.
Assuming the divorce can move forward, the next stage is the Decree Nisi, which means that the judge has reviewed all information and agrees that there is justification for the separation. There will be some further reviewing of financial information and arrangements made for any children, and it is possible that a court appearance will be necessary.
The next and final stage is the Decree Absolute. The petitioner cannot apply for the Decree Absolute until six weeks and a day after the granting of the Decree Nisi. If the petitioner does not apply for this, the respondent can do so, but only after a further three months have elapsed. After the granting of the Decree Absolute, the divorce is final and the marriage is over in the eyes of the law. The decree absolute will only be granted after the judge is convinced that arrangements made for any children are satisfactory and any financial orders are made, though these do not come into effect after the marriage is fully terminated.
Although many couples separate without hiring a solicitor it is advised to at least consult with one prior to beginning proceedings, and recommended that a lawyer is used for both parties if there are children involved.
Although the process is far from pleasant, hopefully having some knowledge of the process can provide some peace of mind during an unstable time.
About the Author Thomas Pretty is a divorce solicitor with many years of experience in the legal field. Find out more about divorce at http://www.stewartslaw.com/
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