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The court cost element in the simplest cases is divided up into a charge for the original petition, a charge for the sworn affidavit, and a charge for the decree absolute. All in these court charges amount to around £400. The costs paid to family law solicitors or divorce lawyers will vary from firm to firm and as charges are usually made for work completed will vary considerably depending on the complexities of the case. Uncontested divorce, that is a divorce where the petition is not defended and both parties agree on the grounds of divorce, are the quickest and therefore the cheapest. Some family law solicitors now offer a fixed fee package for this type of representation although it is worth clarifying with your solicitor exactly what that price includes and where additional costs may be incurred. Defending a divorce petition can be expensive as it will ultimately require a court to make a decision and thus will greatly increase the amount of work done by your family solicitor. Further disputes over the financial settlement and the ongoing care for any children are normally hear separately to the main proceedings, and again can incur significant costs. To avoid spiralling legal fees, many family law solicitors now recommend independent mediation as a way of working out disputes outside of court prior to a petition being made. It is worth noting that in an uncontested divorce on the ground of unreasonable behaviour, the court will normally make the respondent pay all costs. Often grounds for divorce exist on both sides so it is worth agreeing a split for the payment of costs in advance of any hearing. Step One - Filing the Divorce Petition This step is the request to the court to start a divorce. The petition contains the details of both parties and the reason for seeking the divorce which has to be one of the fiveGrounds for Divorce. The person applying for the divorce is referred to as the Petitioner. The other spouse is referred to as the Respondent. If there is a third party they are referred to as a Co-Respondent. If there are children (under 16, or over 16 and still in education) then a Statement of Arrangements for the children needs to be completed. This gives details of the proposed contact and living arrangements for the children after the divorce. These documents, together with the marriage certificate and a £340 Court fee, are sent to the Court to start the divorce process. Step Two - Service of the Petition The Court checks the documentation and if they are satisfied that it complies with all the requirements they officially ‘issue’ the divorce petition and send it to the Respondent, together with any Statement of Arrangements and a form for the Respondent to complete and return to the Court. This form is known as the Acknowledgement of Service form. Step Three - Acknowledging Service of the Petition The Respondent is required to return the form to the Court within 7 days, indicating whether or not they wish to dispute the divorce proceedings. If they do want to dispute it they have to file another form called an ‘Answer’ within 28 days of receiving the Petition. Step Four - Confirming the Facts in your Petition The Court will send a copy of the Acknowledgement of Service form to the Petitioner, who must then swear an Affidavit (the legal term for a written statement sworn under oath to be true) confirming the facts in the original Petition. The Affidavit is sent to the Court with the signed Acknowledgement of Service. Step Five - Pronouncement of Decree Nisi If the Court are happy with all the documentation they will set a date on which the Decree Nisi will be pronounced in Court. It is not usually necessary for the parties to attend Court to hear the decree nisi being pronounced, unless the parties are unable to agree on arrangements for the children. Step Six - Application for the Decree Absolute Six weeks and 1 day after the Decree Nisi is pronounced the Petitioner can apply for the Decree Absolute. There is a standard application form and a Court fee of £45 to be paid. Only once this has been granted are the parties officially divorced. If the Petitioner fails to apply for the Decree Absolute the Respondent can apply 3 months later. Step Seven - Receipt of the Decree Absolute Only once the Decree Absolute has been granted and sealed by the Court are the parties officially divorced. This is an important document and it should be kept in a safe place. How Long Does a Divorce Take? In a straight-forward case where both parties agree the grounds for divorce and complete and return paperwork quickly a case takes around 16 weeks, and neither party has to appear in court at any stage. If the parties cannot agree or delays are made in the completion and return of papers to the Courts this can extend the time it takes to complete a divorce.
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