The thought of filing for a divorce in the UK can be daunting for anyone. The prospect of losing your lifetime partner can be bad enough, but the actual divorce process can be just as daunting if the process is not executed correctly. In order to get a divorce successfully, without problems, it is important to understand the actual process. Getting a good understanding of the UK divorce process will help you overcome obstacles that you may otherwise experience. So what is involved in the process?
To apply for a divorce in the UK, it is a compulsory requirement that one of the spouses has lived in England during the year preceding the divorce. If neither party contests the divorce proceeding towards an undefended divorce (which still takes at least six months) will be opened. If there are no children or immovable property in common, you can even do without a solicitor. The judge will make a decision called decree nisi and you will not need to appear at the hearing.
If there are children involved, however, the judge will want to ensure that the interests of the children are protected and may even wish to meet them in person (but only if they are older than 9 years).
In England and Wales, the vast majority of pensions owed to children is established by the Child Support Agency, which is an administrative agency under the Ministry of Social Security. The Child Support Agency calculates the amount of pension due to a child using a mathematical formula that has many parameters. As such, the debtor normally has great difficulty in determining in advance the amount of pension that will be payable to the children. Parents would have the opportunity to appeal decisions of the Child Support Agency. However, as the current system for determining and administering the pensions of children has been criticized, there have been attempts by the government to reform the system.
Six weeks after the decree nisi, the applicant will seek to divorce and request from the judge what is called a final decree absolute. If one spouse does not consent to the divorce, it will go through a procedure known as a Defended divorce and then you will need the help of a solicitor. The judge will pronounce the divorce if you can prove that the marriage is in a situation of irretrievable breakdown (which may be caused by acts such as adultery, unreasonable behavior, desertion of spouse, separation granted more than two years or 5 years when the separation is sustained).
Couples can use services such as family mediation if they feel that they can talk together and reach agreement. Several organizations offer such mediations and some firms of solicitors can also help.
