To have to deal with a divorce is emotional, stressful and can be extremely complicated especially if children are involved. It often feels like there are more questions than answers as to most of us the law is complex and confusing. It’s always best to get proper advice and divorce solicitors in Weybridge will always provide sound advice gained over many years of experience. It is important not to confuse divorce and ending a civil partnership as they involve different processes.
There are many implications when filing for a divorce as it involves numerous processes that have to be followed to avoid major complications later on in the process. In England and Wales you must have been married for at least one year and your marriage must be recognised in the UK. Normally relationships break down and go through a period of mistrust and poor communication. Divorce by mutual consent is often the best way to go through the processes where both parties cooperate. Finances and children are the two main stumbling blocks and if both parties can come to an agreement on these two subjects divorce will be much smoother. Getting the paperwork right from the start will ensure that each step of the process is done correctly.
Starting the divorce procedure
One of the parties must instigate the process and this party is referred to as the petitioner who will be responsible for issuing the divorce petition. The respondent is the party who is being sued for divorce. This petition must include a factual reason why the divorce proceeding is being brought. Guidance on this aspect of the proceedings will be best provided by a suitably qualified divorce solicitor. The reasons must be that the spouse has committed adultery or that their behaviour is so intolerable that it is impossible to continue living together. Forms of intolerance could be physical violence, verbal abuse like insults and threats. It may be that the couple have been living apart for more than two years either through desertion or for some other reason. Once a petition is issued the respondent will be sent an acknowledgement of service. The respondent must sign, date and return this document to the court who in turn will send a copy to the petitioner or their divorce solicitor. At this stage an application can be made for a decree nisi.
Moving to the next stage
It takes six weeks and a day before the petitioner can make an application for an absolute decree which will officially mean that divorce has been granted. All financial issues and those relating to children will still need to be finalised. Unfortunately sorting out financial disputes in a divorce, accounts for a great deal of the problems that couples experience.
Arriving at an amicable solution
To try and arrive at a solution that satisfies both parties requires the knowledge and skill of an experienced mediator. Finding a divorce solicitor with that experience is extremely important and the correct solicitor can save a client not only a lot of financial hardship but also a great deal of mental anguish.