The decision to take divorce and get separated from your spouse can be tough and might take an emotional toll on you. It can be overwhelming and at such a time, the least you need is to be bothered about the paperwork required to file for a divorce petition. A solicitor can take care of all the paperwork, including quite a few forms required to file for a divorce petition. The decision once taken, can be dealt with by solicitors to make it legal and final.
Where to start with the paperwork?
The first form you need to fill is D8 form, that is the divorce application form. You are required to fill in yours and your spouse’s name and address in the form. Along with that, name, address and school information of your children as well if you have any. Whether a child was born before your marriage to your spouse or after the marriage, you need to provide the information. If you do not wish for your address to be revealed to your spouse, you can mention it in the petition and it will be taken care of.
You are required to mention the reason of divorce in your application. Also, if the reason for the divorce is adultery and you wish to name the person in the form with whom adultery was committed, you must fill in his/ her name and address as well in the application. At the end of the application, you can add your financial claims against your spouse.
Three copies of this application form are required to be sent to your nearest divorce centre or family court along with the required payment to start the proceedings. If you have named a person for adultery, then you are required to send in four copies. Along with this application, you are required to send in your original marriage certificate. If your marriage certificate is in a foreign language, then a translation of the certificate is also required. You are supposed to keep one copy of the form with yourself and the divorce proceedings will hereby start.
This form is not required if you are using the new government online system.
What happens next?
Your spouse will receive your D8 application by the divorce centre to give them the chance to represent their disagreement either with the breakdown of a marriage or with the reason mentioned or with your financial claims. If your spouse chooses to defend him/herself, then within seven days of the receipt of your divorce petition s/he will send the “acknowledgement of service” form that is D10 form along with your petition by the court. After which, s/he is given twenty-one days to submit their supporting documents and the required fee. If you are a defender, then you will need to speak to divorce solicitors for advice.
What all paperwork is required for decree nisi?
A decree nisi is a conditional order and is the first of the two decrees that you need to get divorced finally. It is a confirmation from the court that they do not see any reason for why the divorce can’t be finalised. A judicial separation decree is the only document issued by the court. This form can be applied whether or not your spouse is in agreement with your divorce petition. You fill an application form for a decree nisi (either of D80s) along with your statement form (D84) that includes the reason for the breakdown of your marriage.
What all paperwork is required for decree absolute?
A decree absolute, the second decree required for your divorce, marks the end of your paperwork and your marriage. Once you receive your decree nisi, wait for about six weeks and then you can finally apply for decree absolute wherein you simply file an application requesting for it to be made. The court will check all your paperwork which includes decree nisi and culmination of 6 weeks since it was received. They will also check if there have been any reasons that have come forth since to stop the marriage’s breakdown. Once everything is confirmed, you will receive your decree absolute by post, making the divorce final and legal.
While the outside paperwork may look overwhelming, you will realise that it is all pretty straightforward and not as much once you get in the process. And once Osbourne Pinner is brought in the picture, our highly qualified and efficient team of solicitors will make the process and paperwork even smoother for you. Otherwise, you will have to pay the charges again if any document’s resubmission is required, a situation Osbourne Pinner can prevent. You will find Osbourne Pinner as your legal support who will drive your case to a positive result and that too at an apt pace.