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  • Easy quick Divorce - Free Legal Advice UK
    four weeks of receiving the correct documents whether or not to grant the first decree of divorce which is called a Decree Nisi If the district judge is satisfied  that the grounds for divorce are proven and he does not have any queries a date for the Decree Nisi would then be fixed The courts review the arrangements for the children If they are agreed it is unlikely that the court will interfere But if the documents sent to the court show that the arrangements are not agreed for the children then the Petitioner and the Respondent may be asked to attend court For further details see the article on children In this section The Decree Nisi  will be pronounced by the court on the date fixed Neither person has to attend the court The Decree Nisi is the first of two decrees of divorce It signifies that the ground for the divorce is proven and that the due process of law has taken place Six weeks and one day later do not apply before the Petitioner may apply for the second and final decree of divorce this is called the Decree Absolute When that is granted the divorce has taken place There is no hearing The application to the court is made on a standard form with a court fee which is presently  40 On receiving the Decree Absolute you are legally divorced and free to marry again if you so wish If the Petitioner does not apply for a Decree Absolute This means that the Respondent can do so three months later There has to be a brief hearing before a judge but the petitioner could oppose it for example when there are problems with a pension Read on in this section for information about children short term planning mediation how to avoid the obstacles leading to settlement and beyond We also introduce the new Collaborative law process Please also read our next main section Financial Remember to check back in Emotions Children Parents and Health sections What if we can t agree about money and or children If after discussions with your solicitor and perhaps mediation or the Collaborative process you are unable to agree then you may be advised to proceed to court The court process what happens in the divorce courts This is described in our article Courts and documents Please also see Your letters page answers provided by Wright Hassall s Lisa Marie Darby Legal glossary legal words explained You may encounter some of the following terms and these are listed in alphabetical order for you They may seem quite strange to you at the beginning of this process but you will get used to them Many are quite formal legal terms absent parent This has caused some ill feeling This term was used in the Child Support Act 1991 to refer to the parent not living in the same household as the child Non resident parent is now usually used access This is an old term which has been replaced by the term contact See contact acknowledgement of service form  Form sent by the court to the respondent and co respondent if any with the petition with questions about his or her intentions and wishes in response to the petition It has to be returned to the court thus establishing service of the petition adultery  Sexual intercourse while you are married at any time before a decree absolute with someone of the opposite sex who is not your husband or wife affidavit A formal statement sworn on oath to be true by the person making it These can often cause trouble as facts can sometimes get distorted or exaggerated Solicitors and judges have probably read similar statements before Try not to get too angry if you are on the receiving end and be guided by your solicitor ancillary relief A general term for the possible financial orders that a court can make in addition to a petition for divorce or judicial separation answer The formal defence to a divorce petition Strict time rules apply here application A document giving broad details of the order sought from the court CAFCASS The Children And Family Court Advisory And Support Services for England and Wales You will meet one of these officers if you apply to the court for any order affecting your child for example contact or residence care and attention  If your case becomes more complex or has to be dealt with urgently this is a term to describe the extra legal charge imposed by your solicitor chambers  This is the name for the offices of barristers in chambers This term is when the district judge or judge considers an application in private This is less formal than open court charge  A charge on a property is like an additional mortgage It gives the holder of the charge security as he has to be paid out of the proceeds of the eventual sale of the house In family law it is usually levied when there is a legal funding fee to be paid back and there isn t enough capital in the settlement to do this clean break A one off order that deals with all the finances between a husband and wife There can be no subsequent claim for any maintenance even if circumstances change There can be no clean break regarding children this is just between spouses conciliation This is a type of mediation usually in court which helps couples to sort out arrangements for children rather than financial issues If it is outside of the court process  it is usually known as mediation See the article on mediation In this section conflict of interests  Solicitors use this term when for example they are unable to represent you due to other professional relationships consent order  An order made by a court in terms agreed by both husband and wife contact formerly

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