How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ukfamilysolicitor Your Own Question
ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1431
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
74916426
Type Your Family Law Question Here...
ukfamilysolicitor is online now

I came with my family in London 2 years and half now from

This answer was rated:

I came with my family in London 2 years and half now from Italy, my husband and my son 7 years old.
Me and my husband decided to divorce.
I would like to know which documents I need to have a divorce.
Thank you

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- is divorce agreed between you?

- do you both intend to remain living in the UK?

Kind regards

Caroline

Customer: replied 4 months ago.
We both agree to divorce
Yes we both intend to remain living in the UK

Hello

Thank you for your response.

Please accept my apologies for my delay in responding to you today.

As you both intend to remain in this jurisdiction and you have lived her for 2 1/2 years then it is appropriate that you issue for divorce in this jurisdcition.

The person who starts proceedings, (called the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five facts:

  • Adultery.
  • Unreasonable behaviour.
  • Desertion.
  • 2 years separation with consent.
  • 5 years separation (no consent required)

If you have only recently separated and there was no adultery then your best option would be to petition on the grounds of unreasonable behaviour.

For a petition of this type you will need 6/7 reasons as to why you can no longer remain married. This is subective so you can keep this as amicable as possible. You can use reasons such as - ' he didnt pay me enough attention'.

This is the form that you need to petition for divorce:

https://formfinder.hmctsformfinder.justice.gov.uk/d8-eng.pdf

Once the form is completed then you need to send 3 copies to your local divorce centre. This search will help you find where to send the form:

https://courttribunalfinder.service.gov.uk/search/

You have to pay a court fee of £550 when you send the form to court.

When the coourt receive the form they will send a copy to your husband. If your husband confirms that he does not intend to defend the divorce on the form and then sends this back to court you will then be able to apply for decree nisi. After a period of 6 weeks and 1 day of decree nisi being pronounced you can then apply for decree absolute. Once decree absolute is pronounced you are then divorced and free to remarry.

Divorce itself is a paper based exercise and you will not likely have to attend at court if it is not contested.

In relation to your child - the court does expect you both to be able to reach agreement in relation to the time that the child will spend with both of you without the need for court intervention. If you cannot agree then you can ask the court to decide. The court can make a child arrangements order to set out the time. Mediation has to be attempted before you can apply to court for such an order.

In relation to the matrimonial finances, mediation can also help you in relation to full discloure of all assets and discussions about division. If agreement can be reached then a consent order should be submitted to the court for approval when applying for decree absolute and if approved this will become legally binding.

There are lots of mediation services and there will be one local to you. Google family mediation in your area and give them a call to self refer.

Let me know if I can assist you further

kind regards

Caroline

Positive feedback is gratefully received. When you leave positive feedback, by clicking the stars, your question remains open and I can answer your follow up questions for free for you.

ukfamilysolicitor and other Family Law Specialists are ready to help you