How to get divorced in northwich
How to get divorced in northwich Cheshire by Stonehewer Moss solicitors Solvey Road CW8 4DP is described in this blog by our family law specialist Michael Brennan. First the easy bit is that you must be legally married and have been for a least one year. Jurisdiction is the authority of the Court to deal with your divorce and depends on issues like nationality and domicile; if you are unsure whether the Court has jurisdiction it is best to seek solicitors advice. The rest of the procedure can be summarised as follows:-
Divorce is usually not contested, it is dealt with on paper by petition to the Court;
The Court grants a divorce if the marriage has irretrievably broken down;
There are 5 factors that can establish a divorce
2 YEARS APART WITH CONSENT
2 YEARS DESERTION
5 YEARS SEPARATION
Today the Court has down graded the process to such a degree that a judge does
not decide you should divorce if uncontested, the office staff do; a contested divorce
must be decided by a judge but there are disproportionate cost penalties if
you pursue this course and lose.
The Court fee is £550 and you need not instruct a solicitor to draft the papers but
you need not use a plumber if your toilet is leaking either. Most solicitors offer fixed
prices for divorce.
The other person needs to acknowledge service for you to ask for decree nisi. If he
or she is un-cooperative, it is best to let a solicitor resolve the mess and seek costs
against your spouse. Are they really going to succeed keeping you together?
The Court sets down a date for decree nisi. After that there is a 6 week cooling off
period before you may apply for decree absolute. The other person can apply after a
further 3 months if you do not; which may be because you have not yet settled
finances. The divorce does not solve your finances; you must reach agreement
backed by a binding document ( back of an envelope will not do) such as a court
order. If negotiation does not resolve financial issues, you are best advised to let the
court deal with it by formal application if there are assets. Mediation must be
Decree absolute ends the marriage and permits you to live apart or re-marry if
you must ( consider a pre nup next time). Inheritance rights are effected. How to get divorced in northwich Cheshire is intended to signpost those in separation when emotional and financial issues are often best shared in a confidential environment with a trained family law solicitor. No obligation meetings are usually available.
Stonehewer Moss have accredited specialist family solicitors in Northwich Cheshire
telephone 01606 872200 e mail firstname.lastname@example.org visit www.stonehewermoss.co.uk