Going through a divorce is undoubtedly one of the most emotionally draining experiences that any person can face. However, it doesn’t have to be devastating if you follow the right steps. Even though every divorce case has its unique aspects, understanding the path to successful divorce proceedings can help make the process less strenuous. In Altrincham, this process can be smoother with the right information, preparation, and guidance from professional solicitors.
Step 1: Counselling and Consideration
Before starting a divorce process, it is advisable to seek professional counselling to consider all options. In some situations, reconciliation might be feasible and preferable. Where it’s not possible, counselling can help you handle emotions, stress, and important decisions about your future.
Step 2: divorce lawyer altrincham Find a Reliable Solicitor
The legal jargon that comes with divorce proceedings can be overwhelming for anyone. For this reason, you will need a seasoned solicitor who will guide you throughout the process. In Altrincham, there are several reputable law firms specialising in family law and divorce proceedings.
Step 3: Grounds for Divorce
In England and Wales, including Altrincham, the only ground for divorce is an irretrievable breakdown of a marriage. However, this must be substantiated by one of the five reasons: adultery, unreasonable behaviour, desertion, two years of separation with consent, or five years of separation without consent. Your solicitor can help determine which reason suits your case best.
Step 4: Filing for Divorce
After establishing the grounds for divorce, the next step is filing a divorce application (D8 form) with the court. The applicant should attach the marriage certificate (or an approved copy) and pay the prescribed court fee.
Step 5: Spouse Response
Upon receiving the divorce application, the court will send a copy to your spouse, who is obligated to respond within a certain timeframe. If the spouse agrees, the divorce proceedings will continue uncontested. However, if the spouse disputes the divorce, then the process may become more complex.
Step 6: Decree Nisi
Once the court is satisfied that there are valid grounds for divorce, it will issue a decree nisi, a document that states the court sees no reason why a divorce shouldn’t be granted.
Step 7: Decree Absolute
After waiting for at least six weeks, you can apply for the decree absolute to legally end the marriage. It is usually advisable to finalise all financial settlements before applying for the decree absolute.
Step 8: Property and Financial settlements
Resolving financial issues is often one of the most contentious elements of a divorce. Your solicitor will assist you in these negotiations, and if a mutual agreement cannot be reached, it may be necessary to go to court to have a judge make the determination based on the fairness principle.
Step 9: Parental Responsibility
If there are children involved in a divorce, decisions regarding their welfare and future are crucial. Both parents should agree on who will have custody and how the other parent will have access. If no agreement is reached, it may be up to the court to decide.
In conclusion, while the path to successful divorce proceedings can seem complex, having a capable solicitor by your side can make navigating this path easier. Remember to practice self-care during this challenging time, and remember that beyond the divorce, there is a life waiting to be rediscovered and enjoyed. Each step you take in this process is a step towards your new beginning in Altrincham.