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At family law department of Sunrise Solicitors, we can provide the requisite legal representations in relation to a divorce petition.
In order to divorce your husband or wife, you can start the divorce process by making a divorce petition to the County Court. The divorce petition is made by completing the application form D8 giving reasons why you want a divorce.You can only file for divorce after you have been married for at least one year.
According to section 1 of the Matrimonial Causes Act 1973, there is a single ground for divorce: The marriage has broken down irretrievably.
You can establish that the marriage has broken down irretrievably by proving one of the five facts.
Your husband/wife has had sexual intercourse with another person of the opposite sex and you find it intolerable to continue living with him or her; not due to adultery but due to a separate reason. You must have proof of adultery and your husband and/ or wife must admit it.
The respondent has behaved in such an unreasonable manner that the petitioner cannot be reasonably expected to continue living with him or her. The court will look into all the circumstances including the nature of the marital relationship and the particular characteristics of the parties.
A period or periods of up to six months in total where you have continued to live with your spouse following an act of unreasonable behavior will not be taken into account by the court in considering whether to grant a divorce under the fact of unreasonable behavior.
2. Two years’ separation with consent
You and your spouse must have been separated for a continuous period of two years. You would require your spouse’s consent to divorce under this fact. During those two years of separation you don’t have to been physically living apart. You may continue physically living in the same house, if you cannot afford and/or for some other reason cannot live in two separate houses as long as you are not living together as husband and wife.
You and your husband (or wife) can attempt reconciliation during these two years without having any effect on the two years continuing rule of living separately as long as each period or periods of time of attempted reconciliation do not exceed six months.
4. Five years’ separation without consent
You and your husband (or wife) must have been living separately for a continuous period of five years. As opposed to the two year separation fact, you don’t need the consent of your spouse. If you and your spouse try to get back during the five years the same time-limit applies as with the two year separation rule.
5. Two years’ desertion
Your spouse must have deserted you for a continuous period of two years. You will need to satisfy the following requirements:
- You no longer live with your spouse;
- This was without your consent or against your wishes (either before or after the desertion);
- Your spouse intends to permanently stop living with you;
- Your spouse does not have reasonable cause to stop living with you such as your extremely unreasonable behavior.
Stage 1: File a divorce petition
Stage 2: Serve a divorce petition
Stage 3: Acknowledgement of divorce petition
Stage 4: You must prove the facts on the divorce petition
Stage 5: Prouncement of Decree Nisi
Decree Nisi is a provisional decree and does not end the marriage. It means that the petitioner is entitled to divorce.
Stage 6: Prouncement of Decree Absolute
You can apply for a Decree Absolute six weeks and a day after the Decree Nisi
If you do not apply within this time limit, your husband or wife (respondent) can apply three months from that time. Decree absolute legally dissolves the marriage. With the Decree Absolute the marriage has legally ended and both the petioner and the respondent are free to remarry.
Usually it takes 4 to 6 months for the Decree Absolute to be issued by the court. Most divorce cases are undefended. In a straightforward case and if you and your spouse agree on the grounds for divorce and complete the necessary papers on time, the case on average takes 4 to 6 months and neither you nor your spouse have to appear in court at any stage.
Our fixed fees for our legal representations in relation to an uncontested divorce are as given below:
Our Fixed Fee To Represent The Petitioner (If You Are Divorcing Someone)
We will charge you a fee from £800.00 + VAT for our professional legal services in relation to your divorce petition for an uncontested divorce if you are divorcing someone. The agreed fee will not cover the court fee to be paid to Her Magesty Court Service (HMCS) in relation to your uncontested divorce.
Our Fixed Fee To Represent The Respondent (If Someone Is Divorcing You)
We will charge you a fee from £500.00 + VAT for our professional legal services in relation to your uncontested divorce if somone is divorcing you and you are the respondent in the divorce case.
Our Fixed Fee To Represent The Petitioner In An Expat/Non-UK Divorce Divorce (If You Are Divorcing Someone)
We will charge you a fee from £1,500.00 + VAT for our professional legal services in relation to your expat/non UK uncontested divorce (if you are divorcing somone and you live outside the European Union). The agreed fee will not cover the court fee to be paid to Her Magesty Court Service (HMCS) in relation to your uncontested divorce.
Our Fixed Fee To Represent The Respondent In An Expat/Non-UK Divorce Divorce (If Someone Is Divorcing You)
We will charge you a fee from £800.00 + VAT for our professional legal services in relation to your uncontested divorce if somone is divorcing you and you are the respondent in the divorce case living outside the EU.