Chapter Two
Separation and Divorce: DIY Procedure To A Successful End
Dr Joel Akande
Caution: The author of this chapter/article does not in any way encourage divorce. Rather, the opinion of the author is that the best way to prevent divorce is to choose from the outset, the right spouse or choose a true friend as a marital/relationship companion. Should conflict arise, people should find a way to resolve their differences.
However, the reality of our world is that millions of divorces take place in every land and cultures in the world, largely due to errors of choice. If separation and or divorce is what you have set your mind on, in spite of the consequences, the article below will direct you appropriately. Please note that I have not given a guarantee to you that the following suggestions in this article will ensure your success. I can not be held responsible for the outcome of your litigation. If unsure, please use a lawyer. Good luck.
The article will look at divorce process in the UK.
- The free forms that you have to fill and send
- The grounds on which you can claim for divorce
- The waiting game: Decree Nisi
- The battle for children: residency and access
- The claim for possessions of properties
- Court decision and end to your marital bliss. Decree Absolute
- Child support.
- Enduring bitterness: Risk on your livelihood and your freedom etc
The Forms: The Divorce Petition
Divorce is one of the easiest, perhaps the most frequent and yet most psychologically damaging legal processes that you can ever be engaged in. In the UK, 1 in 3 marriages end up in divorce and about 50% of marriages fail in the USA and 45% in Australia. The choice is yours.
How To Obtain The Forms (UK)
In your bitterness, simply head to the nearest County Court in your area. Ask them for Divorce Petition Form. You will be given one. Alternatively, log on to Her Majesty’s Court Service (HMCS) and search for divorce petition form. Believe me, you will have the form in PDF or Word. Then print the form with the guidance notes. You should read the guidance notes and carefully too, as it will save you time and headache later on. That is all you will need for now.
The Grounds on Which You Can Claim For Divorce
I will not restate these ground here as they are well spelt out on the forms. If you need help to complete the form, please email us as we will help you online. Note though that you can not divorce within one year of your marriage and for you to ask for divorce in the UK, you must be ordinarily resident in the country. Also, you do not need to have been married in the UK. So long, as your marriage is valid and recognized by the Court in the UK, your petition will be accepted for consideration. That said, the basis on which you want o divorce could be an event that happened within the first year of your marriage.
Nullity: Regardless, if your marriage was based on fraud or mistake or on grounds which may make the marriage unsafe, it could be declared as “nullity”. This means the marriage never existed. You are free to go your way.
Judicial Separation, JS: This is essentially a marriage that hangs in the balance. You are still married but you really do not want a divorce. May be you hate the tag of a divorcee or your religious ethos forbid divorce or your social standing will diminish upon divorce. To cater for this, you could go for JS in which you undergo all the processes of a divorce except in name of being “married”. Your properties, sexual encounters, and lives are separate. Nothings tie you in as in marriage though legally you are still “married” but living a legally recognized separate lives!
Therefore, you need to be sure of what you are actually looking for.
The Waiting Game and the War of Words
Let us assume that your spouse also wants the divorce. In that case, the process could be very quick. Your petition is now in the hands of the court. The court will send a notice to your spouse that you want to divorce. If he/she agrees, then your waiting game and the expenses could be little. ... Log-in for Free.
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