When a couple separates after getting married or registered as civil partners, divorce proceedings can be started. There are two types of divorce that you can apply for:
1 – Decree Nisi – this is when the court agrees to grant a divorce decree (official decision), but it won’t become permanent until you have celebrated your one-year anniversary. The Decree Nisi can be issued six weeks after you have filed your application.
2 – Decree Absolute – this is when the court has made a decision that the marriage has ended. This will definitely end both of your marriages as well as the civil partnership for good, and it should appear on official records such as birth certificates and passports. The divorce decree becomes final one month after the Decree Nisi has been put in place.
Filing for divorce together
You may file papers to start getting divorced at the same time if you are still living within England or Wales or if you are filing from Scotland but not yet separated. Once you decide to get divorced, there is no going back; however, and if you change your mind, it might be hard to prevent the divorce.
So, what happens after divorce in England and Wales?
The process for getting divorced varies depending on whether it is an amicable couple divorcing or a couple going through a contested one. If the two parties do not have any children, they will go directly to obtaining a Decree Absolute, which is when it has been ruled that the marriage has ended. This can take around six weeks from when the papers are filed with the court but sometimes longer if there are difficulties such as property disputes or other extenuating circumstances.
In a contested divorce where there are no children involved, paperwork will be filed, and then both sides must attend court so that their case can be heard and settled. If there are children, then it is more complicated. In a divorce with children, an application must be made for a Child Arrangement Order. This is similar to the Decree Absolute, but the only difference is that it doesn’t terminate the marriage, so if one partner remarries, they are not committing bigamy.
The most difficult part about requesting this order is organizing the time and date of proposed access and telling both sides’ lawyers their intentions.
The courts will make sure that each parent has equal contact with their child/children unless they have strong reasons why they should have more or less than half the time per week; because generally, 50/50 is seen as the best way forward. A solicitor can help by calculating how much time there would be in a year between each parent and advising on what path to choose. When a judge makes a decision, he/she sign what is called a ‘Child Arrangement Order’. This document gives detailed information about the access times for each parent and how long it lasts.
There are cases when parents do not want to live with their ex-partner yet still want them or supervising their child/children in some way. This can be done by asking a Judge to give one-person parental rights. This means that person has power over any decisions concerning the child’s welfare and upbringing. A court order can also be requested so no third party can interfere with children or their day-to-day lives unless certain situations occur, such as serious crimes committed against children or if one parent is considered dangerous around them.
After a divorce or during one, a parent may seek to get a Specific Issue Order from Uk court. The purpose is to grant power of decision making regarding specific issues only, such as choice about medical treatment, schooling or religious upbringing. Although not a divorce issue per see, the same principle applies when parents cannot agree who should take their children from one parent’s house to another, i.e. legal guardianship.
If you and your ex are able to work together, there may be a need for mediation services in order to make this happen. Mediation takes place between both parties involved in the dispute, and it is a way for them to communicate effectively so that they can come up with an agreement of their own that works best for all people involved. It can be for any kind of dispute, whether child custody, divorce-related issues or even business matters, so definitely consider this path before referring yourself to any courts.
