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Understanding the Divorce Process

Sadly not all marriages endure the test of time and when a decision has been made to end a marriage, the advice of a Solicitor is needed to assist with the complex legal process of being granted a divorce.

There are many factors that can make this process complicated. We at QualitySolcitors J W Hughes & Co have a excellent Family Legal Team that will endeavour to make what is often a emotional and traumatic process as smooth as possible. Our Family Team is headed by Mr Philip Kentish a partner within the firm, accompanied by Debra Carroll, Julia Longworth, Joseph Hendron, Emma Evans and Natalie Grimshaw-Jones.

Understanding the Divorce Process
When applying for a divorce you will need to prove to the court that there are good reasons for ending your marriage, this is to be supported by facts, i.e; adultery, unreasonable behaviour, desertion, living separately for more than two years, living separately for 5 years.

Once these facts are agreed you can file a 'Divorce Petition' with a divorce court.

If you have children you will also need to complete a form called 'Statement of Arrangements', this will include details of where the children will live, what contact is agreed with your husband/wife and other matters relating to the childrens health and education.

If you are sent a Divorce Petition
If your husband or wife starts divorce proceedings the court will send you a Divorce Petition. This shows you the reasons why they want a divorce. You will then be asked to either agree with the petition or disagree. This is done by completing what is known as a 'Acknowledgement of Service' form. This form shows that you are in agreement and not defending the divorce. However if you disagree and wish to defend the divorce, this is another matter completely and can slow the process down. If you have been sent a divorce petition and you disagree with the supporting facts, book a free initial appointment with us to discuss your options.
 
What is a Decree Nisi..?
This is a document that says that the court doesn’t see any reason why you can’t divorce. It can be obtained by showing the court the 'Acknowledgement of Service' form prooving that the other party does not wish to defend the divorce. You will also need to complete and present to the court a 'Application for Decree Nisi' form and also a 'Affidavit in Support of Divorce'. All of which our Solicitors can help you with.

What is a Decree Absolute..?
This is the final document that says you are divorced, no longer married and free to remarry if you should wish.

Divorce and Public Funding
Often the question we are asked is 'am I entitled to legal help..?' Unfortunately there is no quick answer, It is dependent on many factors like how much money you have (income, savings), what type of case you have, the probability of winning your case and so forth. The best thing to do would be book a free first appointment with one of our family specialists, where by they can look at your circumstances and can explain clearly whether you may be eligible. Please have with you any information of your income/savings, benefit entitlements etc to help them assist you more quickly.
 

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