This guide provides an overview of the three main areas to be addressed when you get a divorce.
Obtaining a | Reaching a fair | Child contact | ||
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Overview | Overview | Overview | ||
When you got married you signed a marriage certificate. To get divorced you need to sign some paperwork to obtain a divorce certificate (known as a Decree Absolute). | You need to reach an agreement on how your assets will be divided, how much maintenance (if any) will be paid, and for how long. This agreement is called a Consent Order. | If you have children then you need to agree which parent your children will live with, where they will go to school and agree contact arrangements for the non-resident parent. | ||
How do I get started? | How do I get started? | How do I get started? | ||
You first decide which of you will start the divorce process - this person is known as the petitioner. You also need to decide on the 'grounds' for the divorce (which can be adultery, separation or unreasonable behaviour). If you both agree to go ahead with the divorce and you agree on what 'grounds' to use then you can save time and money because your divorce is uncontested. If you cannot agree then your divorce is contested. | The ideal situation is that you are able to agree on the finances without the intervention of solicitors or the courts. | Couples getting divorced are often understandably angry with each other. If you can manage to agree on the practical arrangements between yourselves then there is no need to involve solicitors or the courts. | ||
What do I do next? | What do I do next? | What do I do next? | ||
If your divorce is uncontested: Obtaining an uncontested divorce involves completing some legal paperwork and organising the processing of the divorce through a court. It is possible to DIY your divorce but the legal forms and process is somewhat difficult/confusing. It's a bit like doing your own home plumbing or electric wiring, it is certainly possible - but there is no-one to blame if you mess it up. Also you don't save that much by DIY'ing the divorce as you still have to pay the full court fees. You can get a managed divorce service from various online websites, from your local high street solicitor, or from Wikivorce. Related services: | If you can reach agreement: Once you have reached a verbal agreement then the next step is to choose a lawyer to draft and submit a Consent Order for court approval. This not a job you should consider doing yourself. A key benefit of a Consent Order is that you and your spouse decide what the agreement will be (rather than a judge) and the lawyer works on your instructions to draft a legally binding order. Once drafted the Consent Order must be signed before it is sent to the court where a judge will review and approve it. This service is available from Wikivorce at low cost. | Agree contact arrangements: There is no need to buy any service or complete any forms whatsoever. You simply need to talk to each other and reach a verbal agreement. There is no right or wrong amount of contact. Some parents have shared residency and have the children for equal numbers of nights. But basically it is whatever works for you as a family. try to compromise and put the children's interest first. Related services: | ||
Our best value and most popular service is the combined Lawyer Managed Divorce and Consent Order from £299 | ||||
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If your divorce is contested: If your spouse is not in agreement to go through with a divorce then it is still possible to get divorced but it takes longer and costs more. | If you aren't able to reach agreement on finances: We can help you to decide on the best way forward, whether that is mediation, using a lawyer or representing yourself. Feel free to call us now the number below to speak to one of our expert advisors. If we feel you could benefit from free legal advice then we can arrange a FREE telephone appointment with a solicitor. | If you are fighting over child residency or contact: For example: maybe you have no contact at all, or you are unhappy with the contact arrangements, or you or your spouse is planning on moving the children overseas. In these situations you really need legal advice. | ||