What is an Uncontested Divorce and How Do I Get One?
What is an Uncontested divorce?
No matter what the reason, an uncontested divorce can happen when you both agree
to it. A divorce where both parties do not agree is called a contested divorce. These are often longer and more difficult to settle.
What is the process involved?
Firstly, you must fill out a divorce petition
. The petition will include:
- Personal details for each spouse
- Details of any children you have
- Details of your acting solicitor
- Your reasons for filing the divorce petition
The petition is then sent off to the court along with a 'statement of arrangement for children'
if there are any children involved. This statement will say what arrangements you have made for the children in terms of custody and where they will live
In an uncontested divorce, the one receiving the petition will file their acceptance of it with the court
. The one who issued the petition (petitioner) then applies for the decree nisi
. A decree nisi is the first formal stage of a divorce. A decree nisi means that the judge has agreed that you have grounds for divorce
but this is not the end of your marriage. You will not usually be required to attend court for the decree nisi.
About 6 weeks after you receive your decree nisi you can apply for your decree absolute
. This will finalise your divorce.
This just goes to show how quick and easy a divorce can be if there are no disagreements on either side
. Most problems arise when there are disagreements over money and property. However, if this can be agreed between the 2 of you prior to divorce
, an uncontested divorce can be a much quicker route with the help of a qualified solicitor.
What are the possible fees?
There are specific fees to pay the court
when filing your divorce petition with the courts. You will also have to pay for your legal advisors. Simpson Millar LLP offer a range of payment options
that could help you finance your divorce. They include our set fee £118.80 Divorce package
or our Hourly Rate Service
depending on which is better for your particular case.
How can a Solicitor help me?
As part of our £118.80 (incl of VAT) Divorce service
, you will receive:
- A 30 minute initial consultation
- A qualified solicitor will draft your divorce petition and supporting documents
- Advice on the divorce procedure
- Drafting of the decree nisi and decree absolute
- General advice on financial matters and mediation