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Divorce News: The Month that was

Before I begin, I would like to apologise to you, my dear reader, as you will no doubt have been disappointed that you haven’t been receiving your regular updates on all things divorce over the past few weeks. I’ve been predisposed, but am pleased to announce that regular posts will be returning from today. During my absence, there has been, as usual, a glut of divorce related news has been reported throughout the media sphere. Rather than select just one topic to write about today, then, I shall summarise the events of the past several weeks both succinctly and nonchalantly:

  • Dragon’s Den mogul Duncan Bannatyne’s on-going divorce is proving to be so expensive, that he will be unable to make further investments and appear on the next series of the popular show as a result. Well, that’s what the papers claimed, at least. The plutocrat moved swiftly to dispel these rumours, though he did admit that both his and his estranged wife’s lawyers were ‘costing him a fortune’. Should have called Quickie Divorce, Duncan!
  • A group of solicitors were accused of encouraging divorce recently, following them having erected a large advertisement that encouraged unhappy spouses to contact them and discuss their options in Birmingham City Centre. One city councillor even went as far as to claim that the advert ‘attacked’ the notion of family. Reports of previously happy couples rushing to divorce courts throughout Birmingham following this advert having been erected are yet to be confirmed.
  • A group of Swedish academics have identified that women who carry a mutated gene are 50% more likely to experience divorce than those that don’t. Apparently it’s the oxytocin receptor gene that’s to blame. Oxytocin is a hormone that encourages feelings of closeness and is released in larger quantities following a woman having given birth in order to help them bond with their baby. Unfortunately, a faulty receptor gene makes women less receptive to its effects and, according to researchers, struggle to maintain relationships.
  • Finally, multimillionaire Henry Silverman has remarried just days after his divorce from former wife, Nancy. Silverman had previously attempted to use scientific evidence to prove that he had acquired his vast fortune as a result of his genius alone and that Nancy was not entitled to a penny as a result. Unsurprisingly, his arguments were rejected and the couple later arrived at an amicable agreement.

Quickie Divorce to Launch Support Forum!

We are all very excited because we just got the go ahead on a huge new project which we hope to have up and running from next month. For a little while now we have been trialing a private forum for a selection of our customers so that we could see the uptake and how popular it might be. The results were very encouraging. Feedback indicates that the majority of our customers will use it at least once and a huge portion more than once. We hope the forum will provide support and assistance not just to our customers but the 100k customers we have helped to date, the 250k people who have contacted us about divorce since we began and the tens of thousands of individuals who go through divorce every year and feel as though they need some extra help. We're also looking at teaming up with leading counselors and life coaches so that we can provide free access to online professional help which we hope will help those visitors who can't use our services because they've already divorced or needed a solicitor.

New Divorce Forms Not a Problem For Quickie!

In April 2011 the courts in England and Wales started using new divorce forms which meant that many people found themselves on the wrong side of a strict deadline. Many people who were part of the way through completing the documentation, or who had unfortunately completed it but not posted it right away found their forms at risk of rejection because of the new forms brought in. Fortunately for Quickie Divorce we use automated software to generate all the forms for our customers so we were able to quickly re-generate all the required documents for anyone affected. A bit of forward planning also helped. When customers were approaching the deadline we advised them to wait until it was safe so that they didn't risk losing some or all of their court fees. We're glad to see these new forms as they appear to be a lot simpler and feedback from our customers is so far positive about them as they seem easier to understand. Divorce is never an easy process so anything which makes things easier to understand is a welcome change for our customers.

Courts should offer Islamic divorce an expert has claimed

Divorce courts throughout the UK should have specialised units able to offer Islamic divorces, according to an expert in sharia law. Elham Manea, who currently serves as an associate professor in Middle East studies at Zurich University, is expected to advise a home affairs select committee that family courts throughout the UK should offer religious divorces and that all religious marriages be automatically registered. Such changes would, Manea argues, render ‘discriminatory’ sharia councils redundant as, in the vast majority of instances, they are used by Muslim women seeking to divorce their husbands. Whilst women are required to attend a hearing and put forward their case for a divorce, men are simply required to utter the word talaq (Arabic for divorce) three times in order to end their marriages. Some have argued that sharia councils should continue to operate in the UK as they afford recourse to women whose religious marriages have not been officially registered and are therefore unable to use the civil courts. Manea, however, feels that the UK should follow Morocco and Tunisia both of which have introduced legislation to ensure that a legal divorce is automatically followed by a religious one. Numerous commentators have argued that the Islamic legal system treats women as second-class and condones domestic violence, marital rape and child marriage which, according to Tory MP Nus Ghani, “does not sit well under British law and cannot go unchallenged.”

Info and Support

Divorce can be a simple process, but it can also be quite frustrating. As a result, we’ve compiled this rough guide; we hope it helps.

Divorce Process

Before starting the divorce process, it is extremely important that you decide whether you require assistance – i.e. and online company or solicitor – or whether you intend to apply for your divorce yourself. You should also ensure that you have a copy of your marriage certificate as you will be required to quote section of it when filling in your forms. You will also be required to pay a court fee of £550 when you file your divorce petition.

Stage 1 – Application for divorce – Filing the petition

This is the first step. A petition form will need to be completed by whichever spouse has decided to act as the petitioner i.e. the one pursuing the divorce. It is very important that you have your original marriage certificate to hand when you complete this form because you will be asked about your place of marriage. This may seem simple, but it is not uncommon for people to make errors when completing this section of their form; the most common mistake being a failure to quote exactly what is written on the marriage certificate after the phrase ‘marriage solemnised at’. This will generally include phrases such as ‘in the parish of’, ‘in the district of’ and so on. It is extremely important that you state exactly what is written on your marriage certificate as your petition will be rejected and you will face an admin charge as a result. Worse yet, the court may not return your original court fee to you and you will be required to pay this fee again in order to recommence proceedings.

Feedback we have received indicates that the most difficult part of stage 1 is deciding which grounds you intend to us in order to file for divorce. There are five options to choose from and you must select one of these. The five options are as follows:

Adultery

Unreasonable Behaviour

Two-year separation with consent

Five-year separation

Desertion

It can be difficult to choose because many couples may feel that they fall into more than one category or even none at all. Speaking to someone who has been through it or who knows about the divorce process will almost certainly assist with this, however, and will almost certainly to be invaluable support in the long run.

Once the form is completed you will need to send it together with payment for the court fees and your original marriage certificate to your Regional Divorce Centre.

Stage 2 – Acknowledgement of service

This is where some time can be saved. If you and your spouse are proceeding on an uncontested basis then things will be much easier. The court will send your spouse (now known as the respondent) a copy of the petition and they will need to inform the court that they have acknowledged service by returning a form D10 to the relevant court. Sometimes it is necessary to use a process server or a bailiff in order to get proof of service and they can then provide the court with evidence to prove that the respondent has been served. The courts website can provide you with further help if required; alternatively you could enlist the assistance of a solicitor.

If the respondent does not agree to a divorce and your application becomes contested, it would be advisable that you consult with a solicitor if you have not already done so. Your solicitor will be able to advise you on what steps will now need to be taken in order for your divorce to be finalised and will also be able to answer any queries you may have.

The next two sections of this article assume that your divorce is uncontested and that both you and your spouse agree to a divorce.

Stage 3 – Application of a decree nisi

Once your spouse has returned their D10 to the court, a copy of this will then be sent to you and you will be able to apply for a decree nisi. In order to apply for your decree nisi, you will need to complete a form D84 and a form D80 (otherwise known as an affidavit of evidence) and send these to the relevant court. You should also enclose a copy of your spouse’s D10 form.

Previously, it was necessary to have these documents sworn by either the court’s staff or a solicitor prior to submitting them, but this is no longer necessary and the documents can simply be posted directly to the relevant court as a result.

Stage 4 – Application of a decree absolute

Following you having made your application, you should receive your decree nisi and you will be able to apply for a decree absolute six weeks and one day after this document has been issued to you. You can wait for up to twelve months before filing for your decree absolute, however, and it is during the period between you have received your decree nisi and decree absolute that you should finalise any arrangements that are outstanding. We would strongly recommend that you at least consider filing a clean break consent order during this period.

In order to file for your decree absolute, you will need to complete and send a D36 form to the court. Following this, both you and your spouse will receive a decree absolute from the courts as confirmation of the fact that you are now divorced. You should keep this document safe.

Divorce – How Long does a Quickie Divorce take?

Here are some top tips on how to speed up a process which can take up to 24 weeks! Check the basics Firstly, in order to get a divorce in the UK, you and your spouse must have been married for at least one year. You will also need to file for a divorce on one of the appropriate grounds (two year separation, five year separation with consent, adultery or unreasonable behaviour) and will need to consider which of these is appropriate, if any, before you file for divorce. Finally, if you meet the relevant criteria, you need to take stock of your situation and decide whether you’re certain that you want to divorce your spouse. The last thing anyone wants to do is commence proceedings only to change their mind half way through. Get together and talk Should you decide that you do indeed want to divorce you spouse, it is of the utmost importance that you discuss matters with them beforehand. Receiving an unexpected application for divorce is certain to cause offence and this is likely to delay your application. During discussions, it is of the utmost importance that your spouse agrees to the divorce. This can be difficult, but provided that you communicate effectively and inform your spouse that you no longer wish to remain married, then they will more than likely agree. If they do not agree to divorce in the first instance, do not attempt to pressure them into accepting as this will more than likely exacerbate the situation and leave your spouse feeling like they’re being pushed into a corner. Instead, exercise patience and allow your spouse time to consider the situation. Once they realise that you do not want to remain married to them, they will more than likely agree to a divorce. Agree your reasons As stated above, you will need to file for a divorce on one of four specific grounds, and it is strongly recommended that you and your spouse agree on which of these grounds you intend to rely before filing for a divorce. In addition, you and your spouse should agree your date of separation and other various pieces of information though these will differ depending on your grounds for divorce. Confirm financial and contact arrangements The most contentious issues in any divorce revolve around finances and arrangements for contact with children. As a result, you and your spouse will almost certainly have in depth discussions concerning these matters and should both come to amicable agreements following these having concluded. If you and your spouse are unable to agree arrangements concerning your finances and children, then you will be required to attend court hearings whilst your divorce is processed. This will result in your application for a divorce being subject to significant delays. Agreeing matters beforehand, however, will see your divorce processed promptly. Find your marriage certificate We know that important documents always seem to go missing but, unfortunately, there’s no way around this: you will need a copy of your marriage certificate before you can file for a divorce. Don’t panic if you’ve lost your copy, you can obtain a new one from the relevant registry office, though you will need to pay a small fee. Having your marriage certificate ready before you commence proceedings will prevent unnecessary delays, reduce you and your spouse’s stress levels and, above all else, see your divorce processed as quickly as possible. Contact your local county court Some courts may receive more applications than others – a county court located in the centre of London is likely to receive more applications than a county court in rural Wales, for example. It is also worth mentioning that a District Judge will be required to review your documentation in order to ensure that all matters are in order and that your application for a divorce can proceed. It is therefore worth enquiring as to how often the Judges located at the relevant county court review these applications. If nothing else, this will give you a better idea of how long your application may take. Couple this with the fact that any county court located within England or Wales can issue divorce proceedings on your behalf and it make sense to make a few enquiries before choosing which court you intend to use. You should still use a court that is near to you of course – remember, you may need to attend the court at a later date – but, if travelling a few extra miles results in your divorce being processed quicker, it’s worth it; trust us. Choose the right company Currently, the best means of obtaining a quick divorce is to use an online company such as Quickie Divorce provided your circumstances allow this. Most providers of online divorces use automated software to generate the required documentation (known as ‘spooling’) resulting in them being produced far more rapidly than when they are completed manually and the quicker your documents are prepared, the sooner you can file for a divorce. The speed with which documents are produced isn’t all that you should consider when selecting which company should handle your divorce, however, and there are several other factors which need to be taken into consideration before you make your final decision. How, for example, will you be treated whilst your divorce is processed? Few providers of online divorce are willing to provide support and assistance throughout the entire divorce process and even fewer actively encourage their staff to develop the empathic skills required to effectively support its customers during such testing times. You should also check how the company will collect your marriage certificate. Will they expect you to send it in by post, or arrange for a courier to collect this document and ensure its safe delivery, for example? Also, will they then send your completed documents to the relevant court by post – again leaving matters outside of their control – or deliver the documents to the court by hand, again guaranteeing their safe delivery and a swift turnaround. It is also worth enquiring as to when support will be available. Many companies will only offer support and assistance during normal working hours and fail to take people’s busy lifestyles into consideration. Quickie Divorce realises how important it is to support it customers throughout the online divorce process and therefore offers its customers enhanced support and assistance by ensuring that the relevant departments work enhanced hours, courier collections for important documents and also hand deliver your documents to the relevant court. As a result, Quickie Divorce offers the speediest service and most satisfactory experience of any provider of online divorce. It is in your best interest to ensure that your divorce is processed as quickly as possible; reducing the stress and anxiety subjected on you and your spouse and allowing you to begin your new life without delay.

Online Divorce

How can an online company help? The internet has revolutionised the way that we consume products and services; no longer is it necessary to post your letters, head to a cashpoint in order to check your balance or even visit your local supermarket to do your weekly shop. Put simply, the ever growing popularity of the online world has made it far easier for people to locate and use services. Prior to nearly every home in the UK having found itself online, the decision to divorce your spouse inevitably lead to hitting the High Street and conversing with numerous solicitors before deciding which of these institutions could best address your needs. Needless to say, this made the process of divorcing your spouse a daunting and expensive task. Here at Quickie Divorce we soon realised how the internet could make the divorce process straightforward, stress free, affordable and, above all else, quick. As a result of these findings Quickie Divorce launched its innovative online divorce services almost ten years ago. Our online divorce is a form of DIY divorce were both our customers and their spouses are able to access software online which creates all of the documentation required in order to file for and finalise their divorce. In addition to these documents, Quickie Divorce also offers its customers assistance and advice on how to best utilise our software. As the divorce process itself can be confusing, Quickie Divorce also offers all of its customers access to an online tracking system which not only explains the divorce process in full, but also allows the customer to check on the progress of their divorce online whenever they see fit. Following us having launched these ground-breaking services, Quickie Divorce has consistently reviewed and analysed all feedback that we receive from our customers. As a result, we have, over time, introduced a number of new online services and products designed to improve both our customer’s experiences and offer incomparable value for money. These have included the introduction of online wills, separation agreements and clean break orders thus ensuring the growth of convenient and inexpensive legal services. Of course, an online divorce isn’t necessarily the best option for everyone. If your divorce is contested for example, then the traditional route of consulting with and instructing a high street solicitor may make more sense. Perhaps you dislike computers or prefer face to face communication; whatever your individual circumstances we would strongly advise you to consider every option that may be available to you before deciding on the best way to proceed with your divorce. Irrespective of this, however, Quickie Divorce has dealt with thousands of divorces since its inception and derives immense satisfaction from having made the world of divorce accessible to the general population and helping people through what are undeniably testing times. Put simply, if you’re considering divorcing your spouse, no company are in a better position to advise or assist you with obtaining this both swiftly and economically.

'DIY' Divorces

Most people seem to be pretty ‘clued in’ to the fact that it is possible to conduct your own divorce in the UK. Any assumption that you need a solicitor in order to file for and complete your divorce is untrue. Whether you should use a solicitor – or at least get some legal advice – is another question altogether and we would always recommend that anyone considering divorcing their spouse seek some advice whether this be from a high street solicitor, the citizen’s advice bureau or another source.

Come to think of it even if you’ve decided to ‘DIY’ the divorce and go it alone then you don’t even need to use an online company – the forms are free and can be downloaded from the court’s website hmctsformfinder.justice.gov.uk.

However, most people who get in touch with us are after one thing and that’s value. So, if you and your spouse are in total agreement about the divorce and you’re happy to ‘represent in person’ i.e. sign the paperwork and be unrepresented then you may be able to use a DIY Divorce service and save yourself some money.

If you take the contention out of the process and the two parties agree to a divorce then it basically boils down to filling out the right forms at the right time, swearing an affidavit, filling out some more forms and deciding on whether or not to get a clean break consent order. Once you’ve done that you will be able to apply for your ‘decree absolute’ six weeks and one day after the court has issued your ‘decree nisi.’

One thing to consider is that statistics from the ONS indicate that whilst 95% of divorces start off as uncontested only 77% remain so – that means that nearly 20% of divorcing couples think they have an agreement only to later discover that their spouse has changed their mind. As soon as this happens the divorce is now effectively ‘contested’ and the process becomes a lot more complicated.

It would be highly advisable that you conduct some research, take a look around the internet and possibly speak to Quickie Divorce or another online divorce company. It’s more than likely that we can assist you for significantly less and offer far greater value than any alternative options.

Cuts in Legal Aid to Affect the UK's Most Vulnerable Citizens

The government – having recently announced that the UK’s Legal Aid budget is to be cut by £350m – have now indicated that it will be the family courts which are to be subjected to the most significant reductions in funding with a quarter of a million people likely to find themselves unrepresented. This will leave many vulnerable individuals with no option but to represent themselves in complex and emotionally trying divorce and childcare cases. Considering the intricacies of legal matters and the extremely emotional nature of the cases that are placed before the family court, litigants-in-person, as they are known, find themselves at a distinct disadvantage when deprived of legal representation or advice. Yes, individuals who represent themselves will often be afforded special consideration by Judges, but their lack of knowledge relating to how to behave within a court and uncertainty over how to present their arguments can see even relatively strong cases dismissed by experienced legal counsel. Worse yet, many applicants who will now be denied Legal Aid possess a poor grasp of the English language; some may even be mentally impaired. Legal Aid was established in 1949 in order to ensure that people on low incomes would be represented in court. Conservative justice secretary Ken Clarke has now declared, however, that taxpayers can no longer afford the service. As a result people with over £315 in disposable monthly income or £1,000.00 in savings will now face personal legal bills. In an attempt to prevent some of Britain’s most vulnerable individuals from being denied representation and the opportunity to seek justice the UK’s largest body of legal professionals, The Law Society, put forward alternative proposals to the government that it claimed would save £384m over the next twelve months. According to the organisation’s Chief Executive, Des Hudson, these proposals were ignored. Experts have also noted that the withdrawal of Legal Aid will have significant effects on not just those individuals who are no longer afforded free representation, but society as a whole. Lucy Webley, a family law expert at Hallmark Hulme solicitors recently informed the Guardian that; “The knock-on effects of these cuts will have significant ramifications for wider society. Justice is at risk of not being done and we will all suffer for that.” With these changes coming into play, the need for companies to supply the public with affordable legal assistance is more prevalent than ever and we here at Quickie Divorce have already began formulating new packages designed to assist individuals who find themselves affected as a result of these changes.

About this Divorce Blog

This is the official blog for ‘Quickie Divorce UK!’ As the UK’s leading service provider for online divorces in the UK we wanted to do more for the industry and create a range of online solutions for couples and individuals needing help during or after divorce.

At present, we provide a range of paid services to individuals who agree on their divorce (uncontested divorces in England and Wales) and these have proved very popular – over 150,000 customers and counting! But we want to do more.

For this reason, we are going to be investing in a range of free web resources for anyone that wants support or help both before and after a possible relationship breakdown or divorce. We’re doing this because we want to become the No 1 website for all divorce related issues.

We’re very excited about all of this and this blog is step 1. Here we will be providing readers with company news, such as new services and resources and we’ll also be providing updates on how we’re getting on with changes in family law and legal services in general. Additionally, with a large customer base we believe we can provide useful tips and guidance on divorce and related issues thereby providing new insights via a wealth of statistics that will help readers reflect on any breakdown in their or others previous relationships.

Keep in touch because more will be coming. This blog will also direct you to all the new resources we’ll be launching over the next couple of months; we have a forum, support community and lots of interesting articles coming out! We hope you find this blog useful and we’ll appreciate any feedback at all!

Thanks,

Quickie Divorce

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