How To Speed Up A Divorce

6 steps to speed up the divorce procedure

For many people, in one case they have made the determination that their union is over, they want to have the legalities of the divorce finalised sooner rather than later. Y'all tin feel in limbo, knowing your spousal relationship is at an terminate, but legally still having a spouse. We are aware of what a brunt this tin can seem, and here at Osbornes Constabulary, our divorce solicitors will make certain your divorce is dealt with equally swiftly as possible.

In this article, nosotros take a expect at how long your divorce is likely to take, and the factors that can impact this.

What factors can influence the timescale?

Virtually straightforward divorces take between four and six months from start to cease, but many divorces are not straightforward and in that location are a number of factors that can have an impact and extend this timescale, for example:

Is the divorce consented to?

A divorce by common consent usually experiences fewer delays.  If your spouse chooses to contest the divorce petition then your case will have to exist listed at least once in court for a guess to determine if the marriage has irretrievably cleaved downward – whether the fact cited (unreasonable behaviour, for example) is accepted as bear witness of the irretrievable breakdown of the union.  This can delay your divorce by several months. Your spouse may decide to contest the divorce for many reasons, but typically it is because they do not accept the fact cited for the divorce.  This tin happen if yous have proceeded on the basis of adultery or unreasonable behaviour.

Has a fiscal settlement been reached?

If no agreement has been reached about the divorce settlement, then you may need to wait until you have a fiscal settlement before applying for Decree Absolute which dissolves your union. This is because of the effect of Decree Absolute on inheritance, pensions and tax. We tin can assist you lot in reaching an agreement over finances and discuss the options in terms of how you negotiate that, for instance, if you lot wish to try mediation. The lengthiest and most expensive option is financial proceedings in Court. Whichever route you lot cull, you lot will have a legally binding understanding that both reflects your settlement and protects your interests. This enables you to keep in your divorce.

What are the steps in a divorce, and how long does each usually take?

In a standard divorce there are four main steps, namely:

• Filing the divorce papers

This involves sending your petition and matrimony document to the court.  It is usual for a solicitor to do this on your behalf.  The timescale will primarily depend on how presently you tin become an date with your solicitor and how speedily they tin can typhoon the papers for you.  Nosotros recommend that we try to agree the draft petition with your spouse (save where there are competing jurisdictions in which to embark the divorce). It is realistic to expect this stride to take between 1 to four weeks.

• The acknowledgement of service

The divorce papers are sent to your spouse, who then has seven days to acknowledge the papers.  They must complete the acknowledgement of service form, which forms role of the divorce papers sent to them. If your spouse accepts the divorce, so yous tin keep to the side by side pace.

Your spouse can do two things here which could cause a filibuster:

1. Defend the divorce. If they do this, and then they have 21 days within which to society their response and detailed reasons why they are defending the divorce.  The case will then exist listed in court to allow a judge to determine if your divorce should exist granted.  The availability of courtroom dates varies and will depend on the court venue, and so this can cause a pregnant delay in your case.
2. Ignore the papers. If they exercise this, and then yous will usually have to apply to court for deemed service.  This is an application based on your own evidence to testify your former spouse has received the divorce papers but is ignoring them.  This typically is based on bear witness from a chat or perhaps a text message you received from your onetime spouse showing that they accept got the papers.  Alternatively, you lot may demand to consider using a process server to personally hand the divorce papers to your former spouse, or in some circumstances you lot may even have to ask the court to manipulate with service.  This is ordinarily only if your spouse cannot be located.  One of our lawyers volition advise yous on the best and speediest option for you should this circumstance arise.

• Getting your Prescript Nisi

You can apply for the Decree Nisi as shortly every bit the acknowledgement of service is returned.  The Decree Nisi confirms that your papers are in guild and the court sees no reason why your divorce should not be granted.  It typically takes betwixt four and eight weeks to be granted, this is dependent on your onetime spouse non causing a filibuster in either of the ways we have outlined above.

• Getting your Decree Absolute

This is the last stage of your divorce.  Once yous obtain your Decree Absolute your marriage is legally dissolved and at an end.  The law says that you must look half dozen weeks and one day from when your Decree Nisi was granted before you can apply for your Decree Absolute. The timeline for you to receive your Decree Accented, after applying for information technology, is relatively quick, normally ane to four weeks.

Tin can I speed up the divorce process?

There are a few means y'all can assistance to speed up the divorce process.

1. Ensure that you lot provide all the correct data to your lawyer at the first.  Details of your spouse's current address, full name, and provide your spousal relationship document.
2. Endeavour to reach an agreement with your spouse as to the contents of the petition, for example, can you agree on the costs sought in the petition?  Sometimes if a couple has agreed to attend mediation, they can use an early session to discuss the draft petition.
3. Choosing the right basis for your divorce is important.  For example, if y'all proceed with a petition citing the fact of 2 years of separation with consent, you need to exist sure your spouse will requite that consent.
4. Proceed them informed of the steps you are taking during the divorce process.
5. It tin be worth assuring them that you won't apply for Decree Absolute until a fiscal understanding has been reached so that they are not concerned nearly you being "in the driving seat" and able to take that step.
6. The court service offers an online service for submitting divorce papers.  This has considerably improved the speed of the process.

How we can aid

We take a squad of skilful divorce lawyers in London who tin discuss your particular circumstances and how this may impact your timescales for divorce.

We deal with both Britain and overseas clients.  If you are overseas or outside London, nosotros accept video conferencing facilities and a full online service to ensure yous are kept up to date and fully appraised of your case and legal options.

Lisa Pepper is a partner in the family department specialising in Divorce, finance and children matters. She is also an accredited mediator. Lisa specialises in helping parties with considerable international assets. She is ranked as a leading lawyer in Chambers UK, Chambers HNW, The Legal 500, Spears HNW directory and Tatler Informational.

Contact Lisa by filling in an online form.

Source: https://osborneslaw.com/blog/6-steps-to-speed-up-the-divorce-process/

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