Divorce and separation is a process that can be stressful and emotional. Along with this, there are processes to be followed, and many people are not aware of what exactly is involved – but that’s where our experienced team of divorce solicitors in Wiltshire can help.
To obtain a divorce you need to present a Petition to the Court after you have been married for one year. The person presenting the Petition must show that their marriage has irretrievably broken down. This irretrievable breakdown has to be supported by one of the following five reasons:-
The petitioner files the petition with other relevant documents together with a court fee unless Fee Exemption is applicable.
The court sends the petition to the other party who then files an Acknowledgement of Service. If the District Judge is satisfied with the documentation, a Decree Nisi will be granted on application and six weeks later a Decree Absolute can be granted. It is that document which finalises the divorce and should only be applied for once financial issues have been resolved. This procedure has been in place since the Matrimonial Causes Act was past in 1973.
This is dealt with in the same way as divorce proceedings, but at the end of the procedure the couple will not be divorced and there is no Decree Absolute. Within the judicial separation process the court can deal with financial issues and any other orders that are relevant.
There is no formal procedure that a couple have to go through in order to separate. If there is a division of assets on separation it is advisable for parties to enter into a formal Separation Deed to record the agreement reached at the time of the separation.
Middletons has a reputation for excellence with offices based in Warminster, Wiltshire, Andover and Stockbridge, Hampshire. With more than 50 years experience across all areas of corporate and individual law, our team of lawyers provides the highest standard of advice and service.
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