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Welcome and thank you for choosing to view our Matrimonial Department...
We would like to inform you of how the process of divorce takes place and generally how long it may take. Put simply, the process of divorce involves 3 aspects, which include the divorce itself, Financial Settlement and arrangements for the Children.
1. Divorce When you petition (file) f0r divorce, you must prove it on 1 of 5 facts - Unreasonable Behaviour; or Adultery; or You have lived apart for a continuous period of two years and you both consent to a divorce being granted; or One of you has deserted the other for a continuous period of two years; or 5 years separation without consent of the other spouse. There is no need for a formal hearing at any stage with uncontested divorces. Decree Nisi The Decree Nisi is the first of two decrees needed for divorce and shows that the divorce has been proved. Neither party has to attend. Essentially it is your provisional licence before you get your full one. Decree Absolute Six weeks after the Decree Nisi, the petitioner is entitled to a DECREE ABSOLUTE, but has to submit a request (a standard form is available at court for this). Unless you are in complete agreement about everything, a pack of internet forms is very unlikely to work. Trying to avoid having a solicitor can mean the difference between what you want and what you actually get. The process is far more complex than many Web Sites lead you to believe. The aim is resolution, but we are here to protect your interests and to meet your expectations. Without a solicitor you may fail to properly protect your property against a future claim.
2. Financial Matters Unless you are in complete agreement about how the matrimonial assets and debts are divided then an application for Ancillary Relief may be necessary. Ancillary Relief is the term used by the court to describe the different financial orders it has the power to make. Such orders include Maintenance, Lump Sum payments or Property Adjustment. We can help you negotiate a settlement. Any agreed settlement will then be reflected within a "CONSENT ORDER", which is a court order. All Consent Orders will have a CLEAN BREAK clause so you cannot go back to court and make a further claim against your spouse unless there are exceptional circumstances. Internet forms will not help you decide if a Consent Order is necessary and what should be in them. We will be happy to complete all the necessary paperwork for you and guide you through the court process at each stage. When the court receives your application, it will serve a stamped copy of it on each party with a notice for a hearing date 3 to 4 months later. We can help shorten the process through discussion and negotiation.
3. The Children The Children are of paramount importance and the following are some of the issues that will need to be considered; Where the children will reside How frequently the absent parent will have contact with the children Where should the children be educated Can I change his/her name Protection to ensure a parent will not take the children out of the country. When sending your petition to the court you must send a Statement of Arrangements. This form covers matters such as where the children will live, with whom they live, their current health and education and their future living arrangements. We recognise that continued CONTACT with your children is very important. We can help you through the process of making an application for contact or no contact. In some cases a spouse may feel it is in the children's best interested that no contact take place or that it should take place under the supervision of a third party. We can help you make an application for the court to determine how the issue of contact should be dealt with.
4. Other Matters We can also help you with the following - Injunctions to prevent harassment and molestation Divorcing your spouse who lives abroad International Financial matters, such as assets abroad and offshore accounts
Call us if you would like to discuss your matter in confidence - 08707 - 66 - 76 - 98

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