MCP Solicitors' Guide To Divorce
MCP Solicitors has a team of experienced Divorce lawyers spread through the towns of King's Lynn, Peterborough, Thetford and Wisbech.
Going through divorce is obviously a difficult and emotional time. However, MCP Solicitors' Divorce lawyers understand the issues facing you. Our Divorce lawyers know that you need prompt, accessible advice, provided in a sensitive and constructive manner.
Whether your Divorce can be resolved through agreement or you need to go to Court our Divorce lawyers are experienced, compassionate and ready to help you.
What legal criteria can lead to a Divorce?
In order to get divorced your Divorce Lawyer must satisfy the court that one or more of the following is true as proof that your marriage is over:
- Adultery by your husband or wife
- Unreasonable behaviour by your husband or wife
- Desertion for a period of at least two years
- Two years separation, if you both agree to the divorce
- Five years separation, if there is no agreement to the divorce
You may need advice from an MCP Solicitors Divorce lawyer if you are not sure whether you have grounds for a Divorce, or if your husband or wife does not agree to a Divorce, or if you have children. You may also need advice from an MCP Solicitors' Divorce lawyer about financial issues.
What are the stages of Divorce?
The stages of Divorce are:
- Petition for Divorce
- Decree Nisi
- Decree Absolute
What is a Petition for Divorce?
The Divorce process is started by serving the Petition for Divorce.
Once the petition has been served by the Court, what happens next depends upon whether or not your husband or wife contests the Divorce or agrees to it. You may be asked to provide more information by the Court.
If you have children then the Court must examine and agree with arrangements made for the children (eg who they are going to live with, where they are going to live, what contact they will have with the non-resident parent) before the Divorce is granted.
The next and most important part of the Divorce process is known as the Decree Nisi. This is the first stage of the actual Divorce. It is granted only when a judge has reviewed all of the papers and is satisfied that there are proper grounds for a Divorce.
The final stage of a divorce is called the Decree Absolute. You can apply for the Decree Absolute six weeks and one day after the Decree Nisi.
When you receive the Decree Absolute, you are no longer married and are free to re-marry.
What are the financial aspects of Divorce?
The process of sorting out the financial aspect of the Divorce is known as ancillary relief. Financial matters can be negotiated without going to court. If court proceedings are necessary, then the judge will consider a number of factors when deciding who should get what, but the needs of any children will always be the main consideration. For more information please visit the page on Finances, Property & Pensions.
