The UK divorce Lawyers offers you a High Street service at an On-line price
We understand that approaching a divorce is difficult and we are here to help you understand your position and how to proceed with your divorce application. In the UK an uncontested divorce follows 6 steps which are listed below:-
1. Filling in the Required Documentation
We ask you to complete our questionnaire and provide us with your marriage certificate. We will then inform your spouse and prepare the relevant Court documentation.
At this stage you need to think about arrangements for children and also the splitting of the marital assets if any and decide if you want to have this sorted out at the same time as the divorce.
If you are proceeding on an uncontested basis, a fee of £340 will then be needed for the court.
The spouse who has started divorce proceedings is referred to as the Petitioner and the other party to the divorce the Respondent. The court will decide if they are satisfied with the documents and then it will move to have the proceedings issued. Then the papers are ready to be served on the Respondent by post, but personal delivery of papers can be requested also. Any problems with the serving of papers, could mean that the divorce moves to a contested divorce; if this is the case then this will result in additional costs to you. We will liaise with you about this.
3. Acknowledgement of Service
A pack is included in the Respondents papers which includes a document called the Acknowledgement of Service. The Respondent will have to fill out a questionnaire and one of them will be whether they will file any defence to the Petition. If the divorce is to proceed uncontested then no response is required. The Respondent then sends the appropriate papers/forms back. In an uncontested divorce the Respondent will usually co-operate. If the Respondent does not co-operate then possible further action may be required.
4. Application for Trial
Once the Court receives the Acknowledgement of Service, and confirms that there is to be no defence to the Petition. The Application for Directions for Trial and for the procedure to be entered in the Special Procedure List is made by the Petitioner. A sworn Affidavit from the Petitioner (confirms that the petition is true) is then sent to the court.
Should the Respondent not co-operate then other actions can be considered.
5. Grant of Decree Nisi
A Judge will then decide if a divorce can be granted. Considering also at this stage arrangements for the children, if appropriate.
If the Judge decides the Petitioner is entitled to divorce then the Court will place the matter in a list. The list will be for a certain date and time for a Decree Nisi to be issued. The Petitioner and Respondent will be notified of the date. The Decree Nisi does mean you are divorced.
It is not usually necessary for the Petitioner or the Respondent to attend this hearing. (Unless the Judge is considering arrangements for children).
The Judge may say that the Petitioner is not entitled to divorce (this is only usual if the divorce is contested). The Court will advise of the requirements to pronounce a Decree Nisi. Usually this will result in a date and time for parties to attend Court with their solicitors. If this is the case notice will be given.
6. Decree Absolute
After a period of 6 weeks and 1 day has passed since the issuing of the Decree Nisi a Decree Absolute can be applied for (within 3 months from date of Decree Nisi). The Decree Absolute ends the marriage and replaces the marriage certificate. It is very important that you consider the financial arrangements/assets before obtaining a Decree Absolute. The whole process from start to finish is usually between four to six months depending on what needs to be taken into consideration.
If you are unsure about any of the above steps then please do call on 08006129318. We have experienced divorce solicitors that can advise you based on their knowledge of dealing with other divorces. Alternatively fill in our Contact Us form and we will call you back. Have a look at our divorce packages now on the left hand side above.
Remember that every divorce is managed/supervised by a qualified solicitor with over 15 years experience of divorce cases.
Remember we are here to help you – 0345 257 0406