When there is no contest to divorce, it means that both husband and wife agree to all issues regarding the termination of their marriage.
This is the preferred situation as it is less time consuming and therefore less costly than divorces that are defended.
The starting process
There are many benefits for couples engaging in an uncontested divorce. Forms that must be filed at court are fewer in number and therefore less time-consuming, which is one reason why an uncontested divorce is cheaper.
- Firstly a petition form must be completed and returned to the court along with a copy of your original marriage certificate, and if you have children you must complete a statement of arrangements for children form
- Once received, the court will send an acknowledgement of service form along with a copy of the petition and statement of arrangements form to the respondent
The respondent must complete and return the acknowledgement of service form and state that he or she is happy with the grounds for divorce set out in the petition.
The consent order
Once all the necessary forms have been filed, it is possible for you and your husband or wife to apply to the divorce court for a consent order.
A consent order allows you and your spouse to settle ancillary matters out of court, but once approved by court, it becomes legally binding.
It is a type of contract, so if either party engages in an act which goes against the order, then the other party can go to court to enforce it.
In order to obtain a consent order a ‘statement of information for consent’ order form must be filed at court. Both parties must state any value of property or benefits they each have (meaning pensions, shares, bonds, etc), where their children will live and have each signed the form to show they are in agreement.
Using a solicitor for an uncontested divorce is usually quite cost-effective since there is no back and forth of letters between parties. It is therefore a recommended alternative to doing it yourself.
See out information page on online divorces to be aware of the dangers of DIY divorce.
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