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Uncontested Divorce
What is an uncontested divorce?
If you and your partner/spouse have decided to obtain a divorce, what is the easiest, cheapest and quickest way of achieving this?
Most people will opt for an uncontested divorce to achieve these objectives. The purpose of this article is to understand what is an uncontested divorce and what you have to do to obtain one.
Grounds for divorce
To obtain an uncontested divorce you must be able to satisfy the court that one of the recognised grounds for divorce applies to you. The four grounds for divorce are known as unreasonable behaviour, adultery, separation or desertion.
To obtain the uncontested divorce the court not only has to be satisfied that there is a genuine ground for divorce but also that the other party to the marriage does not formally object to it. If both of these criteria are met then an uncontested divorce can be achieved.
Procedure For Obtaining An Uncontested Divorce?
To apply you must first complete the legal documentation known as a ‘petition’. This sets out all of the details of the parties applying for the divorce. This is sent to the court along with a ‘statement of arrangement for children’ if there are children involved in the divorce. This explains how custody of the children has been agreed.
Once these documents have been filed with the court the other party to the marriage should file their acceptance of the petition and the court will then issue directions leading to a final hearing to confirm the divorce. Initially a formal hearing is not usually required and the judge will issue a decree nisi (the first stage of the formal divorce). Six weeks and one day after the decree nisi has been issued by the court your legal advisor will apply for the decree to be made absolute which finalises your divorce.
Assets
Normally agreement is reacdhed with the other party to the marriage as to the division of assets so this does not form a part of the formal divorce. If agreement cannot be reached in terms of the assets it is unlikely that an uncontested divorce will be suitable.
Court Fees
With every filed petition you must always pay the current amount of court fees. These usually amount to a few hundred pounds. In addition, you will also have to pay your legal advisors fees to draft the petition and to file the papers on your behalf. Fortunately these days solicitors have changed their practices, and rather than standard hourly rates being charged, for services such as an uncontested divorce you can usually agree a fixed price for their assistance.
Summary
An uncontested divorce is a simple and cost effective way for a marriage to be ended if both parties are in agreement that it should be. The fees are not significant and the procedure can take place relatively swiftly, allowing both parties to move on sooner rather than later.
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