I Want a Divorce: Now What?

I WANT A DIVORCE: NOW WHAT? No matter what the circumstances, divorce is one of the most emotionally stressful situations anyone is likely to go through. This simple step by step guide will let you know what to expect if you decide to get divorced. This applies to England and Wales only. CONSIDER YOUR DECISION OBTAIN SOME GOOD DIVORCE ADVICE If there is just a glimmer of hope the relationship can be saved, take it. The The citizens advice bureau is always a good starting point to get a broad synopsis of how the process works. courts will still be there if all else fails. SEEK FREE PROFESSIONAL HELP Cost is a major factor for most of us in this age of austerity, but many solicitors run a free advice clinic, often on a Saturday, to provide prospective clients with a cost free thirty or forty-five minute advice sessions to explain the procedure. During this period they will run through potential costs and how they work. VISIT A SEEK AN SOLICITOR AMICABLE SETTLEMENT No matter what the circumstances, if there is any possibility of an amicable split it should be taken. This applies even more so if children are involved. If at all possible, discuss custody arrangements between you both. Property, and split of possessions, is much easier, and less costly,if However all cases are different and visiting a local solicitor is where to start for advice specific to your circumstances. Depending on your grounds for divorce, your solicitor will guide you on the best route to take. agreements can be made between yourselves. They can then be gone through with your solicitor, to ensure your interests are being taken care of in a fair manner. TELL THE CHILDREN In an amicable split both of you sitting down with the children, explaining what is happening will mean a lot. Discuss who they are going to live with, and when they will see the other partner. FILE FORA APPLY FOR A DECREE NISI DIVORCE PETITION A divorce petition form can be found online and you must send it to your nearest divorce court alongside a copy of your marriage certificate. One copy needs to be sent for each party involved.The court fee for this is currently £410. If your divorce petition goes through, you can apply for a decree nisi, which says the court sees no reason why you can't divorce. If the divorce is not agreed, you can request a case management hearing where your case will be discussed. APPLY FOR A DECREE ABSOLUTE Six weeks after being issued a decree nisi, you can then apply for a decree absolute, which will officially end the marriage. IF YOU CAN'T TALK TO YOUR PARTNER... Unfortunately too many divorces are anything but amicable. If you find yourself in a situation where nothing can be agreed, custody of the kids, property settlements, then your solicitor may well suggest going to a mediation panel. These panels have been designed to keep the cost of difficult settlement cases down. If agreement can be found they will produce a document for each to take to their respective solicitors to be transcribed into a legally binding document. DOUGLAS WEMYSS SOLICITORS LLP