There are times in a person’s life when it is necessary to seek advice because the consequences of any actions could potentially have a massive effect on the rest of our lives. All legal contracts have a level of complication and marriage is a far more complicated contract than it first appears. Couples are often caught up in the moment of the wedding and don’t realise the implications if their marriage ends in a divorce. Divorce solicitors in Guildford are on hand to help steer couples considering divorce through the complexities to ensure a successful outcome.
The most common causes of divorce
There are many reasons why couples end up in the divorce courts but generally there are a few basic triggers. Underlying most of the causes is the feeling of disappointment at the reality of what marriage is all about. All too often the couples have unrealistic expectations of what the marriage is going to be like. Marriage requires commitment and dedication from both parties in equal shares to be successful. Once the reality of the day to day issues surrounding money, work and children sets in it is sometimes difficult to cope with everyday. If the added problems of infidelity, alcohol and drug abuse are brought into the relationship that is a recipe for failure.
The basics of the process
It is highly recommended to discuss the implications of proceeding with a divorce with a qualified and experienced divorce solicitor. Once it has been decided that divorce is the route of choice a specific process must be followed. The person instigating the divorce is referred to as the petitioner and the solicitor will prepare a document called a petition which will outline the reason for the divorce, financial arrangements and reference to any children involved. This document together with a copy of the marriage certificate will be filed with the local courts. The courts will then send a copy of the petition to the spouse together with an acknowledgement form which must be signed, dated and returned within seven days. At this stage an application for a decree nisi can be applied for and if the judge is satisfied a pronouncement date will be arranged. Once a pronouncement date has been decided upon a period of six weeks and one day must expire before anything further can happen. After the waiting period has expired it is possible to apply for the decree absolute which declares that the parties no longer exist in a state of marriage. The decree absolute documentation takes approximately two weeks which provides proof that the marriage has been ended.
The final stages of divorce
The decree absolute is unfortunately not the end of the procedure as all matters retaliating to children and finance will still need to be settled. This is the stage which can become fraught and very complicated especially if there is a lot of money involved in the settlement. Finances encompasses money, bank accounts, pension funds and any fixed or moveable property. The practical implications of children, support and visitations have to be settled as well.This is where the experience of a competent divorce solicitor is invaluable.