Divorce is absolutely a period of hatred, mourning, vengeance and revenge which the disputed couples have to go through. To some people it might give a new lease of life with new partners but, to some people, it gives a feeling of loneliness and desertion. It is quite natural for anyone who is undergoing the process of divorce to prefer coming out of it as early as possible. However, breaking a relationship legally and quickly is not achievable within a fraction of seconds.
The Law has its own constraints to sever a marriage bond speedily. Most of the divorce cases consume more time to sort out various issues such as family property, arrangement for children and maintenance. The interregnum is often filled with anxiety, distress, uncertainty and financial constraints for both the parties. Now the million-dollar question is whether the period can be shortened? It is highly possible if the parties arrived at a consensus between them by making an agreement.
Divorce requires a valid legal ground which should prove that the marriage has irretrievably broken down. There are five acceptable grounds in the UK to get divorce which are - adultery of either partner, unreasonable behaviour, desertion by the partner for two years, separation with consent after two years and without consent after five years.
Around 70 per cent of the couples have been quoting adultery or unreasonable behaviour of the spouse as a legal ground for divorce. Many couples resort to this ground when they do not have any special animosity towards each other. If they want divorce quickly, it is preferable to apply for divorce on the grounds of unreasonable behaviour as courts too do not demand solidly standard criteria to prove this ground. The spouse may not defend stoutly because the reason for the divorce will not have that much impact on the division of matrimonial property and other issues.
To obtain divorce the petitioner has to apply for two decrees to end the marriage. After receiving the acknowledgement from the respondent, the petitioner should apply for decree nisi. Only after verifying the proper arrangements which have been made for the children, the judge will grant the decree nisi. After that the petitioner has to wait for six weeks and a day before applying for the final decree or the decree absolute. Granting decree absolute means the divorce is final and the parties are free to marry again. The normal divorce process would take about four to five months. But the couples can also avail benefits from the Early Settlement Panel which was formed to work out a fair and unbiased resolution without the need for a trial. The panel would avoid the litigation which is expensive and also time-consuming. This would help the litigants to ease financial and emotional strains.
The panel comprised of two attorneys appointed by the court, who will arbitrate the divorce cases. The lawyers of both the parties should appear before the panel and the parties can put forth their position. After hearing both the sides, the panel would make a recommendation and, if both the parties agree to that settlement, then the divorce is complete.
Before filing divorce, the parties should work with their attorney or mediator to resolve all the issues which are necessary to terminate their marriage. Once the settlement is reached they can get divorce easily. Online consultants may also be approached to work out the broad preliminary framework.
If the circumstances of a case compel the partners to file the divorce pleadings immediately without going for settlement options, then the case will proceed differently. It is time-consuming, for instance, the spouse will get thirty-five days to respond to the pleading. Both the parties should prepare financial disclosure forms called Case Information Statements and file the same in the court. These procedural delays providing for allowance of reasonable time cannot be ignored.
The case takes different directions based on the circumstances. A long-term marriage and larger assets generally will engage more cumbersome and time-testing processes in contrast to a short-term marriage with fewer assets. The custodial matters will also make the divorce process lengthy. The courts want to look into the issues within six months of time from the date of petition for divorce.
By and large, the divorce can be obtained quickly with the assistance of counsel and cooperation from the parties. Even the complicated matters can be solved amicably, if the parties are keen on divorce and have perfect planning for the future.