London Family Solicitors Investigate - What to Expect in a Divorce?
Divorce can be a trying process for all parties involved, and following on from the heartache of a dissolved marriage, dividing assets may be the last thing you want to think about. By receiving tailored legal advice from an expert firm like Southampton Row Solicitors throughout the process of filing a divorce, the experience can be made less difficult, as this article explains.
First of all, a divorce can only be filed if you have satisfactory grounds, or in legalese, if the relationship has broken down 'irretrievably'. One such factor to show irretrievable breakdown is adultery, provided it is within the last 6 months or you have first become aware of it within such time period.. You must also have made a conscious decision not to live with them anymore, and the affair must have been with someone of the opposite sex. It is somewhat difficult to prove adultery and therefore it is preferable that your spouse admits to the adultery you accuse them of. Finally, there must be some detail about when the extramarital affairs took place for the reference of the courts.
Other factors to prove irretrievable breakdown of a marriage are, desertion for a period in excess of two years. This requires specific intentions to be proven; separation for a two year prior to the issue of a petition and your spouse agrees to the divorce or separation for 5 years where no agreement to divorce can be reached.
Finally your partner may be exerting unreasonable behaviour,examples for which can be shown by them leaving you without a good explanation, being abusive towards you physically or verbally, or if they do not allow you to leave the house freely. You may also feel compelled to begin the divorce process if your partner is no longer being affectionate towards you in day-to-day life.
The process of filing a divorce varies subject to the factor upon which you wish to rely to prove irretrievable breakdown of the marriage.
This all begins by obtaining the form D8, where you provide details such as your full name, where you live, an original copy of the marriage certificate you currently have, the name and address of your partner, and the names and dates of birth for the children you have had together. This last piece of information needs to be provided even if your offspring no longer live at home with you.
However, if you currently have children living in the house with you, you will need to complete the form D8A, where you specify what the childcare arrangements will be at the conclusion of your relationship. In addition to details about the education and any illnesses the children may have, it is important to detail how the maintenance payments will be established in the future, or what the plans are to ensure that both parents are able to see their children on a regular basis.
Once you have filed all of the necessary paperwork for a divorce petition, a copy of the forms will be sent to your partner, along with an acknowledgement of service which they have to complete within 7 days. At this stage, your partner will have two options; to accept the divorce on the grounds you have specified, or to argue against your request. They may file a cross petition, where they decide to divorce you based on separate allegations, or may submit an answer based on the facts you have specified.
This process can be upsetting and complicated, and you need to ensure that you seek legal advice at the outset. We will be able to give you bespoke advice on how to handle the process as it unfolds.
Assuming that there are no complications to your divorce, you will be able to obtain a 'decree nisi'; paperwork that confirms the court sees no reason why the marriage needs to continue. As well as providing form D10, you will also need to have the an affidavit in support of your petition (that confirms that you have filed a divorce petition and the contents of which are accurate and true) duly witnessed. Depending on the reason you have for divorcing your partner, there may be a different affidavit form to file. The other form which is also needed is D84, which will be returned from the court in two parts. Upon receipt of these forms, provided the paperwork is correct and the District Judge agrees that there are sufficient grounds for a divorce a date is set for the pronouncement of the Decree Nisi. Thereafter following a period of 6 weeks you may apply to the Decree to be made Absolute during the decree proceedings to a conclusion and you can both move on with your lives.
For any further information on this and other family law matters, please contact our litigation department at Southampton Row Solicitors.
