Divorce Solicitors
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The Divorce Process
A divorce is the legal process of dissolving a marriage where two people's financial and other affairs are legally bound together. The process involves three key stages: filing a petition, applying for a decree nisi, and obtaining a decree absolute. While divorce doesn't necessarily involve the courts, if couples can't agree on financial or child custody arrangements, they have several options for dispute resolution.
To initiate a divorce, there must be a justifiable reason for believing the marriage has broken down irretrievably. Traditional grounds include adultery, desertion, unreasonable behaviour, two years' separation with consent, or five years' separation without consent. However, under the recent No Fault Divorce law in the UK, couples can now divorce without having to assign blame or provide evidence of separation, making the process less confrontational.
After filing the petition, the next step is obtaining a decree nisi - a legal document showing there is no legal reason preventing the divorce. Once granted, there is a six-week waiting period before applying for the decree absolute, which provides time to finalise custody and financial arrangements. The decree absolute legally ends the marriage.
Couples also have the option of separation, either through informal separation (potentially with a Deed of Separation) or judicial separation, which might be chosen for religious reasons or when couples are unsure about divorce.
Divorce Solicitors
While there's no legal requirement to involve solicitors in a divorce, their expertise can be invaluable in protecting both parties' interests throughout the process. Divorce solicitors provide several key services:
- Legal advice at any stage of separation or divorce, including during mediation or collaborative law proceedings
- Assistance with completing and filing legal documentation
- Help with asset calculations and determining entitlements to shared or individual assets
- Support in applying to courts for resolution of asset distribution or child custody disputes
- Assistance in obtaining protection orders in cases involving abuse or violence
- Representation during court hearings when necessary
They can also help review and draft the initial divorce petition, potentially sharing it with the other party before filing to identify and resolve potential issues early in the process.