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What is a ‘quickie divorce’? |
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How often do we see in the media that it has been possible for celebrities to obtain a ‘quickie divorce’? I often have clients asking me if they can go the ‘quickie route’ with some assuming that if you pay more you can get divorced quicker.
The reality is that if a divorce is undefended (and over 95% are) then the procedure is the same and there is no ability to fast-track. It generally takes between two and five months to get to decree nisi depending on how quickly the court is dealing with paperwork at the time. Decree nisi does not mean that a couple is divorced. Six weeks and a day after decree nisi the petitioner can apply for decree absolute, and if he or she does not do so then three months after that the respondent can apply. It is not until decree absolute that a couple is actually divorced. In practice it is not unusual to delay applying for decree absolute until the finances have been resolved, because some benefits can be lost as a result of decree absolute, e.g. under intestacy or under pensions (spousal death in benefits are normally not paid to an ex-spouse).
It should also be borne in mind that, although the process is the same, if you are petitioning on the basis of separation or desertion you cannot actually issue the petition until after the required period of separation (two years with consent or five years if the other party does not consent) or desertion (two years). This is why in practice it is not unusual for people to petition on the basis of admitted adultery (and it is good practice not to name the person with whom your spouse is committing adultery) or behaviour. Behaviour does not have to be extreme (e.g. domestic violence or gambling) but the individual judge will need to be satisfied it is behaviour the petitioning spouse cannot reasonably be expected to live with. It is therefore sensible to include five or six examples, including the effect the behaviour has had on you, e.g. deprivation of love and affection causing a lack of self-esteem.
Although it is possible to be divorced in less than six months it is important to fully consider the implications of divorce, including emotional and financial, on you, your children and your spouse. If you are not certain that the marriage has broken down irretrievably, it would be sensible to consider counselling or relationship guidance before taking the step of petitioning for divorce.
Wriiten by Kirstie Law Solicitor, Collaborative Lawyer and Mediator at Thomson Snell & Passmore. Visit www.ts-p.co.uk for further information.
PHOTO CREDIT: UNKNOWN
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