Divorce

Divorce

Navigating the complexities of divorce can be challenging, but our dedicated team of legal experts is here to guide you through every step. By prioritising your unique circumstances, we aim to achieve a favourable outcome in your divorce proceedings, ensuring that each case is handled with the utmost attention and dedication for the best possible resolution.

Frequently Asked Questions (FAQs)

The divorce process in England and Wales:

  1. Complete a divorce application (Form D8). You can apply online or by post.
  2. Submit your application to a divorce centre with the correct court fee of £593.
  3. Apply for a conditional order (previously called decree nisi). A conditional order is granted after a 20-week cooling-off period.
  4. Apply for a final order (previously decree absolute). This final order can be granted six weeks after the conditional order.

You cannot challenge a no-fault divorce in the UK. This is because the new laws have removed the right to contest a divorce on the grounds of adultery, desertion, or unreasonable behaviour. However, there are a few exceptions and grounds on which you can contest a divorce.

If you and your spouse decide to live apart but not end your marriage, you will still be legally and financially connected. This means you will still be considered as husband and wife, and you will still have the same financial obligations and rights. 

What you can do is make a legal separation agreement called judicial separation, which will keep you married but legally separated to deal with financial responsibilities.

 If you are experiencing domestic violence or feel threatened in your relationship, your immediate safety is paramount. Call 999 immediately if you are in danger.

In addition to seeking immediate assistance from the police, you can also seek protection in family court. The court can issue various orders to protect you and your family, including:

  • Occupation orders: An occupation order is a court order that regulates who can live in and occupy a property. After an occupation order is granted, it will exclude the violent party from the family home, providing you with a safe place to live.

  • Non-molestation orders: A non-molestation order is a court order that prohibits a person from harassing, intimidating, or threatening you or your family. If you are granted a non-molestation order, the person named in it is legally obliged to comply with its terms. Breaking a non-molestation order is a criminal offence.

These orders are designed to protect you and your family from further harm and can provide a sense of security while you navigate the legal process. 

Too many people experience violence in their relationships, but there is help. You can always reach out to Axis Solicitors to take the legal steps to protect yourself and others.

Other Resources:

These organisations can provide you with emotional support and practical advice. Know that you are not alone and that Axis Solicitors can handle any legal needs you may have related to domestic violence.

 If your spouse refuses to acknowledge the divorce petition, you can take several steps to proceed with the legal process. Firstly, you should ensure you have provided your spouse’s accurate name and address on the divorce application. If you are unsure of their current whereabouts, this could pose challenges as they must be officially served with the divorce papers.

In certain circumstances, your solicitor or the court can authorise a process server to personally deliver the divorce petition to your spouse. A process server is a professional tasked with physically handing over the divorce documents to your spouse at their residence, another known address, or their workplace.

They will charge a fee for this service and provide a statement of service, which can be used in lieu of the signed Acknowledgement of Service to advance the divorce proceedings. Once your spouse has been personally served, the process can move forward regardless of their cooperation.

To initiate divorce proceedings, you, as the “applicant,” need to complete a divorce application (Form D8). You can download the form from the GOV.UK website. Your spouse referred to as the “respondent,” will be notified of the proceedings.

You can submit your divorce application online or by post.

Submitting your application online:

  1. Download and complete the divorce application form (Form D8) from the GOV.UK website.
  2. Supply your original marriage certificate or obtain an official copy.
  3. Pay the court fee of £593 using a debit or credit card.
  4. Submit your application online through the GOV.UK portal.

Submitting your application by post:

  1. Download and complete three copies of the divorce application form (Form D8) from the GOV.UK website.
  2. Supply three copies of your original marriage certificate or official copies.
  3. Send the completed forms and copies of your marriage certificate to your nearest divorce centre.
  4. Payment can be made by debit or credit card (the divorce centre will contact you to take payment) or by cheque made payable to “HM Courts and Tribunals Service.”

Once your application is submitted, the court will send you a copy, send a copy to your spouse, and keep a copy on file.

You must submit your original marriage certificate or obtain an official copy. Making your own copies will not be accepted.

While you can technically handle financial disclosure yourself, seeking legal advice from a family law solicitor is strongly recommended. 

This is because:

  • Determining the full extent of your assets and liabilities can be complex.
  • Understanding how assets and financial resources should be divided fairly requires legal expertise.
  • Leaving financial matters unresolved can expose you to future claims.

A family law solicitor can:

  • Help you identify and value all assets.
  • Advise on the support division based on relevant factors like income, needs, and contributions.
  • Negotiate a fair financial settlement with your ex-partner.
  • Draft a legally binding consent order to formalise the agreement.
  • Protect your economic interests and ensure you receive a fair outcome.

Let Us Help You!

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Axis Solicitors Limited has experienced solicitors who can help you with your matters for a successful outcome.

Contact us for immediate advice via phone or contact form.