After 1 year of marriage you may commence divorce proceedings by instructing a Solicitor to file a Divorce Petition. Your Solicitor will need the original Marriage Certificate and if that is not available, a further copy may be applied for. Unfortunately, a photocopy will not suffice. The appropriate Court Fee to lodge a divorce is £550.00 but you may get a fee exemption in certain circumstances.
At Hodgkinsons we understand that divorce can be an emotional and life changing process. We can discuss whether you have sufficient grounds for a divorce and help you to draft your divorce petition, aiming to settle the divorce in an efficient time frame with as little conflict as possible to allow you to carry on with your future.
After a few days of the court receiving the documents they will send your Solicitor a sealed copy of the Divorce Petition.
The Respondent then has 14 days to complete and sign the Acknowledgement of Service to the Courts If the Respondent wishes to defend the Divorce Petition they must form an answer to file a defence within 29 days of receipt.
If the Respondent does not defend the application for divorce and has signed and returned the Acknowledgement to the Court, the Court will send to your Solicitors a copy of the Acknowledgement and you can then apply for a date for the Decree Nisi to be pronounced. If it is decided by a judge that the reasons for divorce have been proven, then a date for the Decree Nisi will be released. This can take anywhere between a few weeks and a few months.
A Decree Absolute can then be applied for 6 weeks and 1 day after the Decree Nisi is pronounced. Once applied for and processed by the Court, this may be forwarded to your Solicitors as soon as the next day. You must therefore be 100% sure that you wish for the Decree Absolute to be applied for.
Whether the parties involved agree or disagree on the divorce, every divorce is taken through the same procedure. In cases where the divorce is undefended, the average lowest time limit for divorce is approximately 6 months from filing the Divorce Petition to the formal end of the marriage. However, in matters where the divorce has complications, or the divorce is defended, it could take years.
Divorce is a large legal administrative task. The benefits of using a Solicitor at Hodgkinsons are as follows:
- All paperwork is completed accurately on your behalf, limiting potential mistakes.
- All necessary and vital information is included.
- We will secure you the outcome you deserve.
- Out of court settlements are more likely to be achieved.
- Stress and concerns will be reduced.
At Hodgkinsons we aim to complete your divorce in a timely manner with as few complications as possible whilst ensuring that we achieve the right outcome for you and those involved. If you would like to speak to one of our Matrimonial Lawyers for advice call Hodgkinsons Solicitors Skegness on 01754 897150 or submit an online contact form to book your appointment. Whether your divorce is contested or uncontested our Solicitors can resolve all issues to include; division of assets, levels of maintenance payments, children arrangements including contact orders and residence orders.