Here at Salmons Solicitors, we understand how stressful getting started with divorce proceedings can be. That’s why our expert team of family lawyers are here to help. Whether you’re worried about how to get started, how it works or what the future holds, this guide should help you to fully understand the process that you’re embarking on.
How do I start divorce proceedings?
First of all, it’s important to establish the roles that you and your partner will be taking up during the proceedings. Whoever decides to bring the divorce petition to court will be referred to as the Petitioner and their spouse will be referred to as the Respondent.
- The divorce petition must be filed to the appropriate county court alongside the following documents:
- Your marriage certificate
- Court fee of £550 unless you are eligible for a fee exemption
As this is a technical document, we don’t advise that you fill this in yourself. Your solicitor should fill this in for you. These documents will then be filed in court with the relevant documentation and a payment will be made for the court fee.
What will my partner have to do?
Once your divorce petition has been filed, the papers will be sent to your spouse by post or bailiff service. Your partner can then respond in the following ways:
- Agree to the divorce, filling in the relevant form
- Defend the divorce
What is required once the divorce has been agreed?
Once the court receives the acknowledgement of service from the other party of divorce, the case can go ahead. You can then apply for a Decree Nisi – the first decree of divorce.
From there, a judge will review the paperwork and the divorce will proceed as long as everything is in order.
When am I free to remarry?
The case will be given a decree nisi. A decree nisi is the initial declaration of the divorce and after six weeks have passed, it’s replaced by the Decree Absolute of Divorce. At this point, you are both legally free to remarry. At this point, it may also be a good idea to alter any Will that you had in place to reflect the divorce.
The decree nisi gives the court it’s powers to deal with family finances. In some cases, where issues regarding income have arisen, it may be advantageous to postpone application for the decree absolute. However, the Respondent can apply for it to be granted after 18 weeks.
How can Salmons Solicitors help with my divorce?
Here at Salmons Solicitors, we understand how stressful the breakdown of a long term relationship can be. If you’re worried about what the future holds, your income, your house or your children, a family solicitor like us can help. Our expert family law team specialises in, but is not limited to, divorce, family financial disputes (including property and pensions), cohabitation matters, domestic violence, civil partnership disputes and private children law proceedings (child contact and child residence issues).
We also strongly believe in helping you to consider every option. Divorce isn’t always the right path to go down when things aren’t going right in your relationship. If you choose to speak to our team, we’ll present you with every option before you make your final decision.
If you have any questions or would like to enquire about getting started with your divorce, please contact us. Our team will be happy to arrange a meeting at a venue that is local or convenient to you, a zoom appointment or a telephone appointment. With an expert team and fixed fees available on our family law services, Salmons Solicitors is the best option for a professional, friendly and personal service.