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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

      considered first.

       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 visit

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