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    Amethyst's Avatar

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    Default Getting a divorce - Arrange your own divorce

    You can get a divorce if you have been married at least a year and your relationship has permanently broken down.
    You must have a marriage that is legally recognised in the UK, and have a permanent home in England or Wales.
    There are 3 main steps to getting divorced:

    • File a divorce petition - you have to apply to the court for permission to divorce, and show reasons why you want the marriage to end.
    • Apply for a decree nisi - if your spouse agrees to the petition, you’ll get a document saying there’s no reason you can’t divorce.
    • Apply for a decree absolute - this legally ends your marriage - you need to wait 6 weeks after you get the decree nisi before you can apply.

    Arrange your own divorce

    You may be able to arrange your own divorce without involving solicitors if you agree on:

    • the reasons for a divorce
    • how you’ll look after any children
    • how you’ll split up money, property and possessions

    If you agree on these things beforehand, you won’t have to go to a court hearing, and the divorce paperwork should be fairly straightforward.
    You can get mediation to help work out an agreement with your husband or wife about money, property or children. You may be able to get legal aid to help pay for mediation.



    2. Grounds for divorce

    You must show there are good reasons for ending your marriage. You can give 5 grounds for a divorce.
    Adultery

    Your husband or wife had sex with someone else of the opposite sex, and you can no longer bear to live with them.
    You can’t give adultery as a reason if you lived with your husband or wife for 6 months after you found out about it.
    Unreasonable behaviour

    Your husband or wife behaved so badly that you can no longer bear to live with them.
    This could include:

    • physical violence
    • verbal abuse, eg insults or threats
    • drunkenness or drug-taking
    • refusing to pay for housekeeping

    Desertion

    Your husband or wife has left you:

    • without your agreement
    • without a good reason
    • to end your relationship
    • for more than 2 years in the past 2.5 years

    You can still claim desertion if you have lived together for up to a total of 6 months in this period.
    You have lived apart for more than 2 years

    You can get a divorce if you’ve lived apart for more than 2 years and both agree to the divorce.
    Your husband or wife must agree in writing.
    You have lived apart for more than 5 years

    Living apart for more than 5 years is usually enough to get a divorce, even if your husband or wife disagrees with the divorce.



    3. File for divorce

    You need to fill in a divorce petition form to start a divorce.
    You must include your:

    • full name and address
    • husband or wife’s full name and address
    • marriage certificate - the original certificate or a copy from a register office

    Include the names and dates of birth of any children (no matter how old they are).
    If you name the person your husband or wife was unfaithful with, they will get copies of the paperwork.

    Pay the court fee

    You will have to pay a £550 court fee to start a divorce.
    You may be able to get help with court fees if you’re on benefits or a low income.

    Send the forms

    Once you have filled in the forms:

    • send 2 copies of the divorce petition form to the court (3 if you named someone your husband or wife had an affair with)
    • keep your own copies

    Where to send the forms

    Send the forms to your nearest divorce court.




    Contains public sector information licensed under the Open Government Licence v2.0.
    Last edited by Amethyst; 16th April 2016 at 09:07:AM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  2. #2
    Amethyst's Avatar

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    Default Re: Arrange your own divorce

    4. Respond to a divorce petition

    If your husband or wife has started divorce proceedings against you, the court will send you a ‘divorce petition’.
    You will also get:

    • a notice of proceedings form
    • an acknowledgment of service form

    Keep the notice of proceedings form, which tells you the case number and what you should do next.
    You need to respond by filling in the acknowledgment of service form.
    If you don’t respond within 21 days, your husband or wife can continue with the divorce as if you’ve agreed.

    Agree with the divorce

    To agree with the divorce petition, fill in and return the acknowledgment of service form to the court within 8 days, and the divorce will go ahead.
    Disagree with the divorce

    To disagree with the divorce petition fill in the acknowledgment of service form and return it within 8 days. Fill in the part that says you’re defending the divorce.
    The court will send copies to your husband or wife.
    After you return the form, you have up to 21 days to say why you are defending the divorce. This is called ‘giving an answer’.
    To do this, fill in the answer to a divorce petition.
    You may have to pay a £245 court fee.
    Start your own divorce proceedings

    After receiving a divorce petition you may then decide to start your own divorce against your husband or wife - eg if you have evidence of their adultery or unreasonable behaviour. To do this, fill in a divorce petition form.
    You may have to pay a £550court fee.
    Court hearing

    When a divorce is defended or both sides file divorce petitions, the court will usually hold a hearing to discuss the case.
    You and your husband or wife will usually have to attend to try to come to an agreement over the divorce.
    Get legal advice if there’s going to be a court hearing.
    Last edited by Amethyst; 16th April 2016 at 09:07:AM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  3. #3
    Amethyst's Avatar

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    Default Re: Arrange your own divorce

    5. Apply for decree nisi

    You can apply for a decree nisi if your husband or wife doesn’t defend your divorce petition.
    A decree nisi is a document that says that the court doesn’t see any reason why you can’t divorce.
    If your husband or wife doesn’t agree to the divorce, you can still apply for a decree nisi. However, you’ll have to go to a hearing at the court to discuss the case, where a judge will decide whether to grant you a decree nisi.
    Fill in application form

    To get a decree nisi, fill in the application for a decree nisi.
    If your husband or wife is defending the case, fill in section B of the form, saying you want a ‘case management hearing’ before the judge.
    You must also fill in a statement confirming that what you said in your divorce petition is true.
    There are 5 statement forms - use the one that covers the grounds you’ve given for your divorce:


    Attach a copy of your husband or wife’s response to the divorce petition.
    Getting a decree nisi

    If the judge agrees, the court will send you and your husband or wife:

    • a certificate of entitlement to a decree
    • a decree nisi

    After 6 weeks you can apply for a ‘decree absolute’ to end the marriage.
    Your application is rejected

    You may be sent a ‘notice of refusal of judge’s certificate’ form, saying why you can’t divorce.
    The form will tell you what to do next. The judge may want more information in writing, or you may have to go to a court hearing.
    Get legal advice if there is going to be a court hearing: find a legal adviser.




    6. Apply for a decree absolute

    The decree absolute is the legal document that ends your marriage.
    You need to wait at least 6 weeks after the date of the decree nisi before you can apply for a decree absolute.
    The delay gives you a chance to discuss finances and other issues with your husband or wife before the marriage comes to an end.
    Apply within 12 months of getting the decree nisi - otherwise you will have to explain the delay to the court.

    Fill in application form

    To apply for a decree absolute, fill in the notice of application for decree nisi to be made absolute form.
    A decree absolute costs £45. This fee won’t apply if you started your divorce after 1 July 2013, as it’s now part of the fee for starting the divorce.
    If your husband or wife started the divorce

    If your husband or wife started the divorce, but they haven’t applied for a decree absolute, you can apply.
    You’ll have to wait an extra 3 months, on top of the standard 6-week delay, before you can do this.
    To apply, fill in an application notice form.
    You’ll have to pay a £80 fee and go to a court hearing with your husband or wife.
    Getting the decree absolute

    The court will check that:

    • arrangements for children aren’t a reason to delay the divorce
    • time limits have been met
    • there are no other reasons not to grant the divorce

    The court will then send you both a decree absolute.


    Once you get the decree absolute, you are divorced, no longer married and free to marry again if you wish.
    Keep the decree absolute safe - you will need to show it if you remarry or to prove your marital status.





    Contains public sector information licensed under the Open Government Licence v2.0.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  4. #4
    Amethyst's Avatar

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    Default Re: Getting a divorce - Arrange your own divorce

    When completing the D8 form there is a section to write the names and place of marriage - you MUST copy this EXACTLY from the marriage certificate else your forms will be returned to you (as I have just found out)

    So if the name box says

    ''Harriet Simpkin Smith formerly known as Harriet Simpkin Jones" that is exactly what you must write in the name box on the D8 form.

    With the place of marriage you must write the FULL text, ink and printed

    so don't put '' Nottingham Registry Office '' put " The Register Office in the District of Nottingham in the County of Nottinghamshire" etc.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  5. #5
    leclerc's Avatar

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    Default Re: Getting a divorce - Arrange your own divorce

    Not sure if this is the right place to put this article but divorce petition processing is being centralised. That does not mean that contested petitions are to be placed elsewhere as they will be heard in the local courts but two articles are here:

    http://www.familylawweek.co.uk/site.aspx?i=ed136928

    Followed by the referenced FOI: http://www.tonyroesolicitors.co.uk/a...ews.php?ID=308
    "Family means that no one gets forgotten or left behind"
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  6. #6
    leclerc's Avatar

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    Default Re: Getting a divorce - Arrange your own divorce

    The following file has been released today by Sir James Mumby, President of the Appeals Division of the Family Court and relates to financial issues where both parties agree to arbitration.
    Attached Files Attached Files
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

  7. #7
    leclerc's Avatar

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    Default Re: Getting a divorce - Arrange your own divorce

    And to add a diagram to divorce(if one was needed): http://diydivorce.familylaw.co.uk/The-Divorce-Process
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

  8. #8
    leclerc's Avatar

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    Default Re: Getting a divorce - Arrange your own divorce

    Unfortunately January is the month where the highest number of divorces begin their journey so here is another leaflet from CAFCASS in regards to divorce and thinking about the kids. The providers mentioned in the leaflet might or might not be beneficial to someone considering or going through the process of divorce: https://www.cafcass.gov.uk/media/266...2015-16_v1.pdf
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

  9. #9
    joshualan's Avatar

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    Default Re: Getting a divorce - Arrange your own divorce

    Quote Originally Posted by Amethyst View Post
    You can get a divorce if you have been married at least a year and your relationship has permanently broken down.
    You must have a marriage that is legally recognised in the UK, and have a permanent home in England or Wales.
    There are 3 main steps to getting divorced:

    • File a divorce petition - you have to apply to the court for permission to divorce, and show reasons why you want the marriage to end.
    • Apply for a decree nisi - if your spouse agrees to the petition, you’ll get a document saying there’s no reason you can’t divorce.
    • Apply for a decree absolute - this legally ends your marriage - you need to wait 6 weeks after you get the decree nisi before you can apply.

    Arrange your own divorce

    You may be able to arrange your own divorce without involving solicitors if you agree on:

    • the reasons for a divorce
    • how you’ll look after any children
    • how you’ll split up money, property and possessions

    If you agree on these things beforehand, you won’t have to go to a court hearing, and the divorce paperwork should be fairly straightforward.
    You can get mediation to help work out an agreement with your husband or wife about money, property or children. You may be able to get legal aid to help pay for mediation.



    2. Grounds for divorce

    You must show there are good reasons for ending your marriage. You can give 5 grounds for a divorce.
    Adultery

    Your husband or wife had sex with someone else of the opposite sex, and you can no longer bear to live with them.
    You can’t give adultery as a reason if you lived with your husband or wife for 6 months after you found out about it.
    Unreasonable behaviour

    Your husband or wife behaved so badly that you can no longer bear to live with them.
    This could include:

    • physical violence
    • verbal abuse, eg insults or threats
    • drunkenness or drug-taking
    • refusing to pay for housekeeping

    Desertion

    Your husband or wife has left you:

    • without your agreement
    • without a good reason
    • to end your relationship
    • for more than 2 years in the past 2.5 years

    You can still claim desertion if you have lived together for up to a total of 6 months in this period.
    You have lived apart for more than 2 years

    You can get a divorce if you’ve lived apart for more than 2 years and both agree to the divorce.
    Your husband or wife must agree in writing.
    You have lived apart for more than 5 years

    Living apart for more than 5 years is usually enough to get a divorce, even if your husband or wife disagrees with the divorce.



    3. File for divorce

    You need to fill in a divorce petition form to start a divorce.
    You must include your:

    • full name and address
    • husband or wife’s full name and address
    • marriage certificate - the original certificate or a copy from a register office

    Include the names and dates of birth of any children (no matter how old they are).
    If you name the person your husband or wife was unfaithful with, they will get copies of the paperwork.

    Pay the court fee

    You will have to pay a £550 court fee to start a divorce.
    You may be able to get help with court fees if you’re on benefits or a low income.

    Send the forms

    Once you have filled in the forms:

    • send 2 copies of the divorce petition form to the court (3 if you named someone your husband or wife had an affair with)
    • keep your own copies

    Where to send the forms

    Send the forms to your nearest divorce court.




    Contains public sector information licensed under the Open Government Licence v2.0.
    Good one!

  10. #10
    honeymcb's Avatar

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    Default Re: Getting a divorce - Arrange your own divorce

    I am 62yr female and I have been separated from my husband for nearly 40 years.We are both scots and were married in Scotland.I have lived in England since we separated and have no idea where he lives in Scotland or if indeed he may have divorced me in this time.Can anyone advise how I could go about either getting a divorce or finding out if I am i fact already divorced? Thanks

  11. #11
    Amethyst's Avatar

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    Default Re: Getting a divorce - Arrange your own divorce

    Register of Divorces in Scotland (after 1984) - > https://www.nrscotland.gov.uk/regist...-the-registers

    Before 1984 -> public records https://www.nrscotland.gov.uk/resear...es-and-indexes

    Some info on getting divorced when you married in Scotland -> https://www.citizensadvice.org.uk/sc...ng-divorced-s/
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  12. #12
    retired solicitor's Avatar

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    Default Re: Getting a divorce - Arrange your own divorce

    Quote Originally Posted by honeymcb View Post
    I am 62yr female and I have been separated from my husband for nearly 40 years.We are both scots and were married in Scotland.I have lived in England since we separated and have no idea where he lives in Scotland or if indeed he may have divorced me in this time.Can anyone advise how I could go about either getting a divorce or finding out if I am i fact already divorced? Thanks

    I suggest that you begin by arranging a search in the National Records of Scotland to see whether there is a record of your husband having divorced you in Scotland. This link will explain how you proceed https://www.nrscotland.gov.uk/resear...ter-of-divorce

    If there is no record of your already being divorced, you can begin divorce proceedings in England, as you are habitually resident here and probably domiciled too by which I mean that after 40 years of living in England, you presumably regard this country as your permanent home.

    As you cannot include an address for service on your husband within the divorce petition, you will need to make an application to the court to dispense with service of the papers on your husband. This application will have to be supported by a statement from you, detailing the efforts you have made to trace your husband. You will be expected to contact the last known address you have for him and to ask if he is still living there and if not, whether the occupier has a forwarding address for him. Similarly, you should write to his last known employer and any relations of his whom you can recall. Keep a copy of the letters you send and any replies you receive. If you have not heard back within say, 1 month in response to the letters which you send, make your statement, attaching the copy letters and explaining that no response has been received. If by any chance, you discover where he is living, there will be no need to apply for an order dispensing with service, you will just proceed with your divorce petition in the usual way.

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