Archive for the ‘legal’ Category

Getting divorced in England and Wales the relevant laws

Wednesday, August 8th, 2007 |
England and Wales relevant Divorce laws

Divorce is commenced by the issuing of a divorce petition, which must be acknowledged by the other party. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted ‘nisi’  (unless cause is later shown), before it is made ‘absolute’. Relevant laws are:

Decree Nisi

Thursday, June 22nd, 2006 |

Today I received a Decree Nisi (not final or absolute). Funny really, I was expecting a weighty ornate piece of parchment hand written in best olde english handwriting, and yet is nothing more that a plain old white piece of A4 cheap flimsy paper form D29 Decree Nisi.

So, the Judge agreed, the marriage has irretrievably broken down and decreed that the said marriage be dissolved unless sufficient cause be shown to the court within six weeks from the making of the decree why such a decree should not be made absolute.

And thats it, in 6 weeks or so it’ll be done and dusted, finito, kaput.

I think its good that I’m not that bothered. I’ve worked through a lot of the disappointment and feeling of failure stuff, but I’d be a liar if I said I don’t feel a tinge of sadness for a love once lost.

Oh well.

Reject before you are rejected, it hurts less!

Wednesday, May 31st, 2006 |

Today I received a “Certificate of entitlement to a decree”. Apparently the Court  certifies that the petitioner (not me) has sufficiently proved the contents of the petition and is entitled to a decree of divorce on the grounds that the marriage has irretrievably broken down, the facts found proved being two years’ separation with consent of both parties.

I’m also told that I should take notice that the Court has fixed the xxth June 2006 at xx:00 for the pronouncement of a decree by a District Judge sitting at xxxxxxx County Court.

So its nearly done. I’ve mixed feelings on it all. I wish I could feel all yipee aye a about it all, but I can’t. I don’t really know how to classify how I feel really. It’s a mix of emotions. Sadness, closure, regret, bitterness, uncertainty, puzzlement..are just a few of the things that have occured to me. It kinda sucks seeing her as the petitioner too. I’m mindful that I left her 7 years back, I remember how liberated and free I felt. How much of a sucker was I for going back! Ha! Net reward, kick ass rejection 7 years on.

Divorce is a fucker. It bites you on the arse when you least expect it. Sometimes in the form of little missives landing on your doorstep, sometimes it simply engenders an inexplicable feeling of general all round shittiness.

Still, it won’t last forever, I know that at least. Good days and bad.

Where’s that glass of Chardonnay?

DIY Divorce

Thursday, March 23rd, 2006 |

If you can avoid using solicitors and legal professionals then it will certainly help keep costs down.

My ex and I have been separated for over 2 years now, which means we can just apply for a divorce without having to give grounds such as adultery or unreasonable behaviour. The fact we’ve lived apart is sufficient for us, and in a way is a good thing, as it means that we don’t have to get all adversarial as in she did this, or he did that etc.

In the UK, you can obtain the necessary forms from your local county court. Call them up, and they will send out the forms required. Its fairly straightforward. The tough part is filling the buggers in!

I guess Im lucky, in that my ex and I are on speaking terms, and have agreed how things are going to be.

As I have children, Ive decided its vital that they are put first. There really is no mileage to be had in being really awkward or obstropolous ( as much as I’d like to at times), as all I’ll do is damage myself and my children.

It can be very difficult mind, it is hard to put the anger, bitterness  and  ill will  to one side. It has to be done though, it remains unfinished business otherwise, and thats not good.

So, heres where I am in the process.

  • Filled in forms got them all signed

The key parts of the forms were the arrangements for the children, and the finances. We managed to agree these without need of a 3rd party. Not everyone will be as fortunate and this is where some independant advice may come into its own.

Citizens advice bureau’s and other similar types of organisations have people on hand to give free advice and support in matters like these. If you are earning under a certain threshhold you can claim legal aid too.

The next step is to file them with the court, pay £300 and wait for a response.

 

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