Quick Divorce UK
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Divorce is a legal process with the help of which any specific marriage can be terminated . At the end of the divorce, both the partners are allowed remarriage if they desire. A divorce in UK entails granting of decree absolute, legal formalities related to the ancillary relief, drafting the acknowledgement of services, statement of arrangements for children (if any), presenting the signed divorce affidavit. It is to be noted that uncontested divorce can easily be obtained in UK. However, the case cannot be filed on the basis of the ground like irretrievably broken state of the marriage. On the other hand, the legal case can be filed on the basis of specific reasons such as adultery, separation from partner for two or more years on mutual agreement, and desertion . Most important, the maintenance of accurate legal papers as per the proceedings of divorce is one of the essential requirements expected from both the divorcing spouses.
Procedure for documentation
The entire divorce process is completed on the basis of definite steps followed as per the laws and rights in UK. Some of the major types of paperwork are:
- The divorce process is initiated when one of the divorcing partners fills in the "Petition for divorce." In this document, the Petitioner mentions the reason due to which he or she desires a divorce. Along with this form, some other paperwork might be essential such as submission of “statement of arrangements for children”, if children are also resent at the time of divorce proceedings.
- The Petition is one of the following five types
- Based on separation of two years (with consent)
- Based on separation of five years (without consent)
- Based on unreasonable behavior
- Based on adultery
- Desertion
- All the divorce paperwork is submitted at one of the following venues
- The Principal Registry if the Petitioner is in England or Wales
- A Sheriff Court if the petitioner is in Scotland
- Any divorce county court
- The court dispatches a copy of the petition for divorce to the respondent as well as any other person who has been named as a co-respondent (in the case of adultery). Along with this document, the court also dispatches instructions regarding the manner of completing another document named as "Acknowledgment of Service." The Respondent must fill this document and return it to the court
Procedure about Decrees
- Consider that the respondent does not contest the divorce. Then, the Petitioner can ask the court to award the divorce. This procedure is called as "applying for directions for trial".
- The judge reviews the divorce papers. If the judge is satisfied with these and concludes that a divorce may be awarded, this judge issues the Decree Nisi.
- It is not necessary that the Petitioner must attend the court for a Decree Nisi, except when requested to do so
- After the date on which the Decree Nisi was issued, the petitioner must wait for next six weeks in order to implement the further legal steps. Now, the petitioner can apply for a Decree Absolute.
- After the petitioner receives the Decree Absolute, the couple no longer possess the marital status and can easily go for their second marriage.
Expenditure associated to Quick Divorce in UK In the recent past the following expenses were incurred for a quick divorce in the UK:
- Fee to lodge a Petition in the court: 300 pounds
- Fee for application of Decree Absolute: 40 pounds
- Average charges of a Solicitor: 150 pounds per hour
If the Respondent fails to return the Acknowledge of Service form, then what should the Petitioner do?
- The petitioner must submit the "Request for Service by Court Bailiff" form in the court. This is a request to the court to permit the court bailiff to personally serve the divorce documents to the Respondent.
- After the court bailiff personally completes service, he / she swears an affidavit to confirm service
- The respondent is given twenty nine days to file a Defense (also known as an Answer)
- During this stipulated period, if the respondent still fails to respond, the petitioner can move to the next stage of the divorce process
- Now, the petitioner uses the sworn affidavit as an exhibit. For this service, the petitioner has to pay a special fixed fee to the court
- The petitioner can now apply for the Decree Nisi
- In the end, both the parties are expected to pay the equal fee for obtaining the decree. A quick divorce in UK takes place on the basis of laws and rights that are specifically defined for the resided citizens. The fulfillment of all legal formalities, right from the maintenance of accurate legal papers to filing each step in the court are the key for establishing a successful divorce in UK.
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