Divorce

There are several important issues to be considered and thought over carefully before you get a divorce and it helps to be as organized as you can and obtain as much advice and help from a divorce solicitor as possible. Matters to consider:-

  • Whether or not to sell your home.
  • Which parent will look after the children?
  • How your finances will be affected (e.g. loans, joint savings and investments).

Stages in Obtaining a Divorce

  • The Divorce Petition (which starts the divorce).
  • The Acknowledgement of Service Form (which states whether the Respondent will contest the divorce).
  • Application for Decree Nisi (together with a declaration of truth stating that the Petitioner wishes to go ahead)
  • Decree Nisi (confirmation that the Court is satisfied that the divorce may proceed)
  • Decree Absolute (makes the divorce final. This can be applied for 6 weeks after the date of the Decree Nisi).

Nb. You do have to have been married for at least 12 months before starting divorce proceedings.

Whilst the overall ground for divorce is irretrievable breakdown, this must be established by one of five facts, the most common of which are the fault grounds of unreasonable behaviour and adultery or the no fault ground of two years' separation by consent. Achieving a Decree Absolute usually takes around 4-6 months.

In cases where you do not want to get divorced, but cannot resolve your financial position on separation, it is possible to apply for Judicial Separation.

When considering whether or not to proceed, there are frequently other extremely important issues to think about, such as where will the children live, how often will you see them, who will keep the house, how will you afford to live, how much maintenance should you pay for your children.

Our role as solicitor would be to advise and support you on these emotive and complex issues, helping to guide you through what is a difficult journey and helping to establish you in the next stage of your life.

The Seven Golden Rules of Divorce: Follow them or you may regret it

  • Be reasonable and cooperate as much as possible with your soon-to-be-‘ex’. Reasonable compromise yields quicker and easier results in divorce cases. This can be done directly or through your solicitor negotiating on your behalf or via a referral to mediation.
  • Understand all your options through the divorce process, avoiding spontaneous actions and reactions whilst keeping your perspective realistic.
  • Keep the children’s best interests at the forefront of all decision-making and support them through this process.
  • Do fully disclose all your assets and property. A court can throw out a settlement based on financial deception, putting you back in court years after you thought everything was final.
  • Take control of your finances; make a new Will and a Clean Break Consent Order so you are not still literally paying for your mistakes a long time in the future.
  • Learn that there are no winners.
  • Accept that one chapter of your life is now finished and another is about to begin.

Links

FAQ

Contact Berry Smith Lawyers for all your issues at family@berrysmith.com or call us at Bridgend 01656 645525 or Cardiff 029 2034 5511 for a no obligation discussion or further details.

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