Divorce Solicitor in London
As challenging as divorce might seem the whole process is a relatively straightforward one. What tends to complicate proceedings are unresolved, emotionally charged or contentious issues like child custody arrangements and the distribution of property and financial assets.
Although each divorce is different, there are certain steps that must be taken as part of every divorce. Getting advice from one of our Divorce Solicitors in London will help you get through these stages with the least amount of stress, and the knowledge that your rights are being properly represented.
Once you have decided to petition the court for a divorce, your solicitor will usually write to your spouse to inform them of your intentions and advise them to seek independent legal advice. While not essentially part of the formal divorce procedure, this is good practice, and can help to make the whole process run more smoothly.
Next, your Divorce Solicitor will complete and file the Divorce Petition with the court. This explains the reasons why you, the Petitioner, are seeking a divorce, as well as any other information, such as whether you will be asking for financial support for you and your children from your spouse.
Statement of Arrangements
A Statement of Arrangements needs to be completed and submitted with the Divorce Petition if there are any children aged 16 years or under involved in the marriage. This statement provides the court with important information, like where your children will live, where they will go to school and the visitation rights of the non-custodial spouse.
Acknowledgement of Service
Once the court receives the Divorce Petition and Statement of Arrangements, copies of these are then sent to your spouse, the Respondent, with a form they will need to complete and send back to the court. This is known as the Acknowledgement of Service and, amongst other things, it details whether or not they are going to dispute the divorce.
If your husband or wife does in fact wish to dispute the divorce, they will also need to complete and return another form, called an Answer. If your spouse wishes to dispute your divorce, one of our Divorce Solicitors in London would be able to advise you of your options when it comes to dealing with this situation.
Once your spouse has returned the Acknowledgement of Service form to the court, if they don’t intend to dispute the divorce, you will then be sent a copy. Then you will be required to sign an Affidavit which states that the information in the Divorce Petition is true and accurate, after which, both the Affidavit and the Acknowledgement of Service need to be sent back to the court.
The Decree Nisi is the first of the two decrees that are part of the divorce process. It signifies that the court has received all the paperwork and is legally satisfied that your divorce should go ahead. It is an acknowledgement that the correct process has been followed and that you should be divorced.
After six weeks, you will be able to apply to the court for the Decree Absolute, which will make the divorce final. It may be wise to make sure that all of the terms and conditions of the divorce have been agreed before you do this, and if you aren’t able to agree issues such as the distribution of assets and child custody and visitation rights, your solicitor will advise you of your options and whether it may be necessary to take these matters to court.
Once the Decree Absolute has been granted by the court, you are officially divorced.
When dealing with a divorce, the right legal advice is critical. Our Divorce Solicitors in London have the experience and understanding to help with any divorce or Family Law issue, and offer different levels of service designed to suit every situation and budget.