Applying the grounds for divorce Grounds , there are lots of grounds for divorce and those are the five facts which the divorce must fall under if they do not fall under any of the five below then they is a low chance of getting divorced. Also reasonable grounds must be a good reason in which will allow the judge for you to get divorced. The five facts, adultery, which is just your husband or wife slept with another person whilst you were married and you, are no longer wanting to live with them because of that. However if they do it within 6months you are less likely to get divorced. Unreasonable behaviour, which is being violent, verbally abusing another, drug taking and refusing to pay any bills with in the house. Desertion, this is when your husband or wife leaves you, without any agreements, without good reason, end of a relationship. If you have lived apart from each other for more than two years you can then get a divorce, but you must both agree to it. If you have lived apart for 5years then you can also get a divorce. Undefined divorce procedures from petition to decree absolute, this is what actually dissolves a marriage it is the thing which allows both partners to remarry after they have gone through the decree absolute. This is what we call the final decree in a divorce. The person which might have issues when they were married is the person who can apply for a decree absolute, this can only be done 6weks and one day after the date of the decree. However if that person who had issues has not applied for the decree within four and half months then the other person can then apply for the decree absolute. The person who had the issues will not have to attend court; all they have to do is pay some money to the court which is A£40.00 and send the application form with the money. Both of the spouses will receive the decree absolute within 7/10 days however this will depend on how busy the courts are. Consideration by judge, these are factors which might or may be considered by the judge in order to help them make decisions about a divorce or who the child will be cared by. For example if it is a case where dad has been hitting mum the judges will consider the children’s safety they will try and separate the children form their father as they know that their dad is violent. Also judges decisions can be changed when they re-consider stuff. Documentation
The divorce must have a reason of why the person wants to have a divorce, name and address of the two people who want to get the divorce
There must also be a statement which tells the judge how the children will be living and the maintenance arrangements
The decree nisi must be filled for the divorce to even proceed; this appl8ication form must make sure that it has the five facts for the ground of the divorce.
The person who applied for the absolute decree must make sure that they apply the decree absolute. However the spouse, who did not start the divorce, has three months to do so and they will have to pay A£80 fee.
The marriage is not yet done as both of the couple must make sure they receive documentation of the decree absolute.
Form and consent of statement of arrangements for children, when the two couples are divorcing and they have children they will make sure that they fill in a form if they have children who are aged under 16 and for those who might be 18 at school, college or even in a training course. The parents have to make sure they fill in these forms so that the children’s benefits are changed and sorted out so that the parents are not done for fraud. The person who will be filling out the form should make sure that they fill out the arrangement details for their children about their childcare, maintenance and the contact with the children. Those children who are affected by the divorce, the information will have to be included in the divorce papers and within it will include the child care maintenance, childcare arrangements and the child’s living arrangements and who they will be living with. Service of documents, this is the services which makes sure that both the couple receive official divorce documents. This type of service can be done through post or written by hand. However for those who might decide to post the documents, they must make sure that the 3rd party receive the documents .The service should be done by someone who is over the age of 18, these people can be family members or professional people. If someone lives abroad then they must make sure that it is sent within 28days before the hearing at the court. However sometimes it can be very difficult to get in touch with the other half, you are allowed to apply for substituted service which can be attended. Application for directions for trial ‘special procedures’, this is a shorter way of doing a divorce. If one of the couple do not want to defend their side of the story then they are able to do that, this will mean that their case will go through a special procedure. This is started off by the petitioner who applies for the D84 from. Then a judge will be the one who looks at their cases and says whether it goes further or not. With this type of divorce it is shorter and the couple do not have to attend court. After their case has been looked at then they will both receive a decree absolute and their marriage will then be ended. However if the judge feels that the case does not have enough evidence then the couple may have to go through to court and provide more evidence. Public funding, this is when you can get someone to represent you for your divorce. For example if you are in the middle of a divorce you are allowed to get a representative so that he can represent your divorce. However you would have to pay him and obviously if you win the case he would want some of the winnings as he helped you out. It is important that the parents know what their public funding will be otherwise they will be very stuck. Statutory charge, this is a charge which is making when you go through a divorce. If you have been going through a divorce and you need some legal aid and you get some help off the aid and if you do win the case you will need to pay back the money the commissions as they were the ones who paid for the divorce to go through, however if you do not win the case then you will not have to pay back any of the money as you will not have nay money to pay the commissions. Maintenance arrangements, if the two end up divorcing they have to make sure that there are some maintenance arrangements put in place. This is to make it fair on both of them as they both have to work together to try and help the children. For example maintenance arrangements could be making sure that they do a direct debit so that the children get money off their mum or dad this is what we call maintenance payments. This usually helps the parent who is living with the children, it could be buying food or even clothing for the children, but this will now depend on how much money he/she gives the other person. Children, there are many effects of parents separating as it can affect the children. The children generally get to choose who they would like to live with when they are slightly older however for the younger children it is generally the mother who takes care of them. Both parents must come to an agreement about the children and who will be living with them and how often the children will be seeing the other parent. However there is no order principle the court will not make any orders unless it is at the children’s best interest. Divorce can be very damaging for young children and even those who are slightly older. If parents do argue about who will be looking after the children the children generally start to feel bad, guilty and disloyal to one of the parents. Scenario 1: John and Jane are in their mid-forties, and have two children aged 13 and 11. Their house is worth A£250,000 and there is a A£200,000 mortgage. John earns A£50,000 and Jane earns A£10,000 on a part time basis. They have decided to split up and go their separate ways following years of arguing and not getting along. In this case we can see that there are child involved which means that there will have to be maintenance arrangements and in order for the divorce to pass through. It is important that these arrangements are made so that there are no disputes between the couple after the divorce. In this case as the couple are going to divorce they will each have to get the information on the divorce for example the documentation of the service. When the judge makes a decision about the couple divorcing the judge will have to consider the children, the judge will have to look at how the children feel and who will look after the children better and what their financial circumstances are. Also as the house is in mortgage it is more likely that the house will be left with the mum and the children so that the children actually have somewhere to live. Also form and consent of statement of arrangements for children will have to be arranged so that both parents know who the child is living with and where they are living.
