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For over a decade, our expert Divorce solicitors have help clients successfully obtain a divorce.
The divorce process can be an extremely stressful time. We can prioritise what you are hoping to achieve, especially if you have any particular concerns that need to be dealt with quickly, regarding children, domestic abuse or living arrangements. We are also able to check divorce applications on your behalf if you’d prefer to apply independently to ensure the best prospects of success.
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Adam Bernard Divorce FAQ’s:
You must have been married for at least a year to apply for a divorce. It does not matter whether you got married in the UK or abroad, we can advise you if you are in any doubt about your divorce being legally recognised.
You will not usually need to see a judge and the process will mostly be paperwork and meetings with us. We can prepare your divorce application based on the reasons you give for wanting the divorce.
We do not require your spouse’s agreement to the divorce, but this will lengthen the process. If there is a dispute about property, finances or children, this will be dealt with by another court, separately from the divorce process and will therefore be subject to further fees.
You should ideally provide your original marriage certificate and an approved translation if the document is not in English. There is a court fee of £593 to submit your application. If you got married in the UK, we can obtain a copy of your marriage certificate for you. If the marriage took place abroad and you cannot obtain a copy of the marriage certificate, we will need to make an additional application to the court when we file your application.
The first step in the process of divorcing is to submit an application for divorce. Individuals must apply for the dissolution of their marriage, using a form provided by the court. Filing the application means the court has been informed that one spouse wishes to end the marriage. This starts off the legal proceedings.
Initiating the divorce process requires the submission of an application to family court demonstrating that the relationship has been irreparably damaged. The individual launching this action is known as the applicant.
Once the application for a divorce is completed, the original marriage certificate must be submitted to the court. If it can’t be located, a copy can be acquired from the Register of Births and Deaths for a nominal cost.
The court will process the application, granting it a court reference number and then sending it to the other person involved in the marriage – the respondent.
After you submit your request, you need to acknowledge your service. This is an essential step that needs to be completed in order for your request to be processed.
The respondent has 14 days to respond to the divorce application by completing and returning the acknowledgement of service form. This informs the court that they have received the papers
The respondent is unable to challenge the divorce unless there is a jurisdictional issue.
Once the court get the signed confirmation of service from the respondent, they will pass it onto to the applicant.
The conditional order is the third step and it involves creating a purchase order with the appropriate payment terms, conditions and delivery times. This purchase order will stipulate that if certain conditions are met from the customer, then the goods or services can be purchased.
Once the signed acknowledgement of service has been returned, and 20 weeks have elapsed since the divorce application was filed, it is possible to request the conditional order. This indicates that the court has accepted your petition to end your marriage.
This step is significant in the divorce process even though it isn’t the final order. Before April 2022, when reforms were brought into effect, this was referred to as a ‘decree nisi’.
The customer places their order and pays for it. The customer can then take their purchase away or have it delivered.
After the conditional order has been granted, you can apply for a final order within 6 weeks and 1 day. This will officially end your marriage.
Once the decree is finalized, the divorce is officially complete and the marriage legally dissolved. This frees both parties to pursue new wedlock or civil union.
Divorces can be an emotionally challenging process, and so the financial aspects of it should not be overlooked. Knowing the details of how to manage money matters in divorce is essential for a smooth transition. It pays to get informed about handling these affairs.
We can apply for a Decree Absolute six weeks after your Decree Nisi is pronounced. A Decree Absolute formally ends the marriage and entitles you to remarry if you wish.
We will be able to advise you on how long your divorce is likely take at our first meeting. We will need to discuss and assess the information available before giving you an estimated timescale. The length of the process can be affected by a number of factors, including whether your spouse is abroad and whether they cooperate with the proceedings.
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