Separating permanently from your spouse has some huge implications for your lifestyle. The family as you know it ceases to exist. It disintegrates and no longer functions as one unit. You or your spouse has to move out of the house and look for another accommodation. The emotional support and nurturing as well as the feeling of security you used to derive from your family are abruptly withdrawn.
You are single again and no longer have a sympathetic shoulder to lean on. You also have to sever relations with your spouse's relatives with whom you may have established a good friendship over the years. Many divorced people undergo tremendous stress and anxiety and suffer from various psychological problems such as a guilt complex or raging anger. Often, it becomes necessary for them to take the help of a counsellor or psychiatrist to get rid of their negative emotions.
Adding to this are the financial woes. Your income dips and becomes half with divorce because you no longer have any right to your spouse's finances. It is common for many women, especially single mothers, to slip below the poverty line after divorce as they are unable to meet essential expenses such as house rent and school fees of the kids.
Obviously, divorce is not a child's play because it can alter your life radically. Once divorce has been granted, you cannot undo it and reclaim your family. So the decision to seek a divorce has to be taken with much thought, contemplation and a cool head. But before you are handed over the two decrees finalising your divorce by the court, there are many issues that have to be settled. These relate to three main areas: child custody, division of financial property and the maintenance to be paid.
When you divorce, the biggest question facing both of you is: ?With whom would the kids stay after divorce?? This is an emotionally charged issue because usually the parents are quite attached to their kids and would want to stay with them after divorce. If the kids live with the mother, then the father has to pay some amount to her regularly as maintenance toward their upkeep.
When the married partners live in a single home together, they buy many assets such as house, vehicles, jewellery, consumer electronics items, white goods and so on. They also incur debt such as mortgage, car loans and credit card bills. Who will get to keep what from the assets and who will have to take care of which debt, is another issue that has to be settled before divorce.
Settling these complex issues to the mutual satisfaction of both is not an easy matter for the partners. However, there are couples who do not have much acrimony with each other and want to part ways amicably. They manage to have a heart-to-heart discussion and thrash out all the issues. Once they have reached a conclusion ? with or without a counsellor's help ? there are many benefits. They avoid stress and tension that usually builds up before divorce. But most important of all, they can opt for a Do-It-Yourself (DIY) divorce which is quick, easy and dirt cheap.
In a DIY divorce, there is no need to hire a solicitor since there is no dispute that has to be solved. There are many companies offering DIY services online. What the partners have to do is visit any of these websites, buy an option that suits them and then download legal forms for printing on their home computer. Once they have completed and signed the forms, these have to be mailed to the DIY company. The latter's legal team deposits the documentation with the court. Once the court grants the two divorce decrees, these are then mailed to the partners, thus completing the process. The company's legal team offers hand-holding to the partners throughout, gives advice and provides clarifications.
However, if the partners are unable to come to a settlement on their own about the critical issues, then there is no option for them but to fight the case in the court. For this, it is advisable for them to hire a high-street solicitor who can represent their interests in front of the judge. The solicitors are duly qualified and bring with them a wealth of experience that can help you exploit every loophole and room for manoeuvre given in the law. However, the drawback is that most of the solicitors charge by the hour and this can add up to a tidy sum. However, for what is at stake ? child custody and division of family assets ? their services seem to be worth the price.
About Getting A Divorce
How do You Go About Getting a Divorce in the UK?
According to UK law, you do not need to hire the services of a lawyer in order to get a divorce. You can file the divorce petition on your own and send it to the court's office. However, you have to be married for at least a year to be eligible for filing a divorce petition. A petition form should be filled in extremely carefully because any error in the petition can delay your divorce case further.
You will be required to fill the factual details in a petition such as your name, address, date and place of marriage, and the reason for marriage breakdown. Besides these factual details, a petition also contains claims for maintenance, pension sharing orders, and orders concerning marital assets. If you are filing for the divorce, you will be called the Petitioner whereas your spouse will be called the Respondent.
You will need to specify the reason for marriage breakdown in your petition and this reason can impact your divorce case. You may feel that your marriage has become loveless but this is not an acceptable reason in the eyes of UK law. According to UK law, divorce can only be granted on one of the following grounds:
Adultery
If your husband or wife has had an affair with another person, you can file for a divorce. However, you will need to prove this affair in the court. Therefore, make sure that you have the requisite evidence of proving that an affair has in fact taken place outside the marriage. In addition, make sure you file for a divorce within six months of discovering the adultery. However, if you start staying separately after the incident of adultery, this rule does not apply.
Adultery should be used as a ground of divorce only if your partner has cheated on you with a member of the opposite sex. If your partner has cheated on you with a member of the same sex, you will need to choose ?Unreasonable Behaviour? as the ground for divorce.
Unreasonable Behaviour
Most of the divorces in the UK and Wales are granted on this ground. Unreasonable behaviour constitutes any behaviour that one person in a marriage exhibits that the other person finds intolerable. The courts tend to be more lenient towards this ground of divorce than any other because one can think of innumerable examples of unreasonable behaviour. If there has been a specific incident of unreasonable behaviour, the couple will have to file for a divorce within six months of such behaviour.
Desertion
UK divorce law grants divorce to a person who has been deserted by his or her partner. The desertion period has to be two years or more. While this is one of the grounds for gaining divorce, it can be a little difficult to prove. Firstly, the deserted person will have to prove that the desertion was actually continuous. Secondly, the deserted person will also have to prove that the partner who is being accused of desertion had actually intentionally deserted his or her partner. Due to this reason, seeking divorce on this ground can get somewhat tough.
Divorce With Consent (Uncontested Divorce)
If you and your partner have been staying separately for two years and you both agree to divorce, you can seek divorce under this ground. Divorce is granted under these circumstances if the couples agree to divorce amicably without blaming each other for the divorce. You will need to prove that you and your partner have been living separately for two years.
Divorce Without Consent (Contested Divorce)
This is probably the toughest way to seek divorce. You and your partner need to stay separately for five years in order to file for a divorce using this reason.
Once the Petitioner files the petition in the court, the court sends a copy of it to the Respondent. The Respondent will need to accept the divorce and fill in the receipt specifying the same. Following this, you will need to send a ?request for directions for trial? document to the court's office. This document needs to be supported with an affidavit.
The paperwork submitted by you is checked by a District Judge to establish that you have proved the grounds for divorce. The judge will send you a certificate stating that your request for divorce is accepted and that divorce will be granted. The judge will also tell you the date for pronouncing Decree Nisi. After a period of six weeks, you can apply for Decree Absolute. A Decree Absolute pronounces a legal end to a marriage.
Both Jameswalsh & James Walsh are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Jameswalsh has sinced written about articles on various topics from Divorce and Infidelity, Data Recovery and Acne Treatment. James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed see. Jameswalsh's top article generates over 60500 views. to your Favourites.
James Walsh has sinced written about articles on various topics from Small Business, Binding Machines and Divorce and Infidelity. James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie see. James Walsh's top article generates over 368000 views. to your Favourites.
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