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How to get a Divorce

How to go about getting  a Divorce in the West Midlands

In most cases, the emotional and mental turmoil connected with separation is what can make divorce difficult, especially with children and assets involved. This is completely understandable as it is something we take very seriously at Brendan Fleming Solicitors.

The filing of the petition itself consists of completing an official document in triplicate.

Once your spouse has been served, or files the acknowledgement of service, you will apply for Decree Nisi. It is then up to a judge to decide if you have adequate grounds for divorce. If so, the judge will issue the decree nisi. At this point you are still legally married. A decree nisi (from the Latin nisi, meaning “unless”) is a court order that does not have any force until a particular condition has been met, such as a subsequent petition to the court relating to other procedures or the passage of a specified period of time.

Once the decree nisi has been granted, you will be able to apply for Decree Absolute after 6 weeks and 1 day if you have been advised to do so which is dependent upon the financial issues. Shortly after this, the decree absolute should be issued. The decree absolute is a binding court order, which means at this point you are legally divorced.

We also know that costs are very important when making the decision to divorce and this is why we have always provided a fixed fee so that you know from the outset what your divorce will cost you and we are clear when it comes to our charges from the issue of the petition until the making of the decree absolute.

 

For an undefended divorce we only charge £495 plus VAT when you are the petitioning party and in all cases, you will have to also pay the Court fee which is currently £550. If you are the respondent in the divorce, then our fixed fee is £175 plus VAT.

Speak to our family law team in Birmingham today.

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