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Divorce FAQ
Can I arrange do-it-yourself divorce?
The petition ends with a section which begins ‘the petitioner therefore prays’. This should include requests for the financial claims that are available for:
Maintenance;
A lump sum;
Adjustment of property ownership or a ‘transfer of property’ order (putting the house in your name, or selling it); and
A share or claim on the respondent’s pension fund.
This section has to be completed carefully.
This means that if you or your spouse have any assets such as a family home or a pension or assets or you may want to claim for maintenance you should instruct a solicitor to complete the divorce petition.
Do I have to go to court?
If the divorce is undefended (that is, you both agree to it), there is no need for either of you to go to court. The divorce itself can all be dealt with on paper.
If you can agree with your husband or wife about financial support, property and the arrangements for any children, you may not have to attend any court hearing.
You may have to attend a court hearing if you ask the court to make an order for financial support or cannot agree about the arrangements for the children.
How long does it take?
A divorce can take as little as four to six months from start to finish. However it can take a lot longer and most divorces take six to eight months from the time of filing the petition to the time when the ‘Decree Absolute’ is granted. The time can vary a lot depending how quickly you and your husband or wife deal with the paperwork. .
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