A divorce is the final termination of a marriage, cancelling all the legal responsibilities of marriage by either party and dissolving the bonds of matrimony between two persons.
In many countries, to gain a divorce you require the sanction of a judge or other high legal authority in a legal process to complete the process. A divorce does not declare a marriage null and void, as in an annulment, but divorce cancels the marital status of the parties, allowing them to marry another. Divorce laws vary considerably around the world. Divorce is not permitted in some countries
So, what happens in a divorce in the UK?
In order to start proceedings, either the husband or wife must make an application to the courts for a divorce. For a divorce to be granted, the court must be satisfied that the marriage has broken down in one of five ways, which are unreasonable behaviour, adultery, separation for 5 years, separation for 2 years and both parties' consent and desertion for a period of at least 2 years.
Where both parties agree to divorce, this is called "undefended". A straightforward undefended divorce should proceed as follows: see a Solicitor for some preliminary advice and inform your spouse of your wish to divorce. The respondent receives the Petition from the court and has 7 days to acknowledge that they have received the Petition and to consent to the divorce.
The Acknowledgement is sent back to the Petitioner who applies to the Court for Directions for Trial. The Court will consider the divorce papers and, if satisfied all is in order, will issue an entitlement to a decree. The Court pronounces Decree Nisi 6 weeks and 1 day later. The Petitioner may apply for Decree Nisi to be made Decree Absolute and the Court then sends the Decree Absolute The Divorce is then complete and both parties are free to remarry.
If the divorce is defended, there is an entirely different procedure applies within defended proceedings. This procedure is much more lengthy and costly and in the event of proceedings becoming defended, you should obtain very careful advice about this.
Want to find out more about hiring a gooddivorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.
Orignal From: Divorce : UK Style
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