9:30 - 18:00

Opening Hours Mon. - Fri.

0203 865 1824

Call Us For Consultation

0780 300 6506

24hrs Emergency Mobile

Facebook

Twitter

 

Are you thinking about a divorce?

Are you thinking about a divorce?

Are you thinking about a divorce? Are you unable to communicate with your spouse to the point that your life together does not make sense? Then perhaps it is time to think about a divorce. At times ,such a solution is better than daily arguments and bad atmosphere at home, which is in effect unbearable for everyone.

In Great Britain, a divorce is not a complicated process. If one of the married parties is a permanent resident in the UK or has lived here for at least a year before filing a divorce file, then it is possible. Your nationalities or the country of marriage does not come into play. How does one begin this process? You have to file an application for divorce, which is not complicated. However it is important that, and this is something that is easy to forget, a year has passed since you have been married – At first, you have to fill out a D8 application (divorce file). You can find this on application on the court website (https://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do), in some stationery shops, but also when seeking help from a solicitor, who will help to fill in the application form successfully – says Anna Matelska from AM INTERNATIONAL SOLICITORS. The documents have to be filled out in three copies: for the court, the claimant and the defendant. – The foundation to getting a divorce is a lasting married life – reminds the solicitor and explains that such information have to provided in the application.- Most importantly we have to explain why we want a divorce – informs Anna Matelska. If the spouses have children, then the requirement to fill out an additional application to inform the court who the children will be living with after the divorce is no longer required. However if the spouses cannot agree on who the children will be living with after their divorce, then this dispute can also be solved in the British court, there is no need to resolve this in Poland. Anna Matelska adds that in order to receive a divorce in the English court, you have to prove the reasons as to why the marriage failed. There can be various reasons – For example: cheating, abandonment or at least a two year separation, in which case, a consent from the other person is required or a period of five year separation. Another reason could be irrational behaviour from one of the spouses – explains the solicitor. However if the couple have lived together for longer than 6 months following, the court will not accept one or both of the partners cheating or behaving irrationally, such reasons. The same rules apply in terms of separation, if you have been living together for the last 6 months prior to the divorce file , this reason will not be accepted.

The ready application should be sent back to the district court, depending on your place of residence, which deals with divorce cases, (Regional Divorce Units), for example Bury St.Edmunds , Stoke-on-Trent , Liverpool , Nottingham , Durham. The full list of courts is available on the Ministry of Justice in England and Wales website. Following this, if the divorce file gets accepted , it gets sent to all people mentioned in the application, for example , to the person that our partner has cheated with. Meanwhile the divorce process begins. The judge may ask for further explanations , depending on the reasons for divorce , or to check whether the one of the parties has received the divorce papers. The majority of these cases are dealt with through correspondence , however it may be the case that the spouses will have to attend court. – Support from a solicitor would be helpful in this situation , however it is advised that legal help should be seeked at an earlier stage , especially if one is unsure whether there are fundamental reasons for the divorce , if ones partner does not agree to divorce , but also , when problems concerning division of property and wealth as well as looking after children arises – advises Anna Matelska and ensures that at AM INTERNATIONAL SOLICITORS will effectively help anyone who wants to divorce , despite what stage of the divorce they are currently at. If the spouses have common assets in Poland, AM INTERNATIONAL works with highly experienced offices in all regions of Poland , who can represent clients’ interests there.

The divorce process in Britain does not take a long time. Usually around 6-8 months, however , it can take longer if spouses have common assets or children and cannot come to a compromise. After filing all the required documents and providing necessary information the court issues a preliminary ruling on the divorce. After more than 6 weeks after the preliminary ruling , one can apply for the final decision, which one does not have to regard in Poland, because of the international contracts which both countries have agreed to.

No Comments

Leave a Comment