What is a divorce petition?

Before a divorce can begin in the UK, the party initiating the process will have to fill in a divorce petition form – a D8 – perhaps with the assistance of their divorce lawyer. This must include the petitioner’s full name and address, the full name and address of their spouse, the names and birth dates of any children, and their original marriage certificate.

The divorce petition must also detail the grounds under which the divorce is being sought – the reasons, or “facts” which support the claim. If adultery is the main reason, the petitioner can include the name of the person with whom their spouse has been unfaithful, and they will also receive copies of any paperwork.

Filing a divorce petition costs £410 although discounts are available for those on benefits and low incomes. Once they are complete, three copies need to be sent to a divorce court – and in the case of couples with children, three copies of the statement of arrangements for children (form D8A).

divorce petition uk

Once the petition is received by the court, it will send a copy of the form to the spouse being divorced, plus a ‘notice of proceedings’ (form D8) and ‘acknowledgement of service’ (form D10). In the latter case they need to fill this in and return it within eight days. Once these are sent out by the court, it will send the original petitioner a ‘notice of issue of petition’ (form D9H), which confirms the date they were sent.

Upon receipt of a divorce petition, the husband or wife can either agree to the divorce, or they can contest it, known legally as “defending” the divorce. Their response is delivered when they return their portion of form D10.

I have received a divorce petition, what should I do?

As mentioned above, this depends upon whether or not you agree to the divorce. In the vast majority of cases, the split has been agreed beforehand, so there should be nothing in the petition to contest. Keep hold of the ‘notice of proceedings’ (form D8) you receive and complete the form D10, the ‘acknowledgement of service’, before returning it to the court within eight days.

If you wish to contest, or ‘defend’ the divorce, then seek the advice of a good divorce lawyer as soon as possible. They may suggest trying to reach agreement with your spouse outside the courts – for instance by resubmitting an amended divorce petition.

Advice On Divorce

If you are considering a divorce, it usually means that you have already spent months, or even years, in emotional turmoil – only Hollywood actors and pop stars divorce after mere days. This is especially true in the UK, where you cannot even apply to be divorced until you have been married for a year (or two years in Northern Ireland), without exception.

Grounds for divorce

This makes divorce a serious business, rarely entered into unless marital relations have genuinely and irrevocably broken down. For this to be accepted by the court, either partner (or both) needs to demonstrate that the marriage does not exist any more in a meaningful sense, known legally as “ an irretrievable breakdown.” In order to demonstrate this, at least one of the following criteria needs to be proven: That adultery has taken place; that your partner has behaved unreasonably; that your partner left the marital home at least two years previously; that you have lived apart for at least two years (in the event of a mutually agreed divorce); that you have lived apart for at least five years (in the event of a contested divorce).

Undefended divorce

This is the legal term for a divorce to which both parties agree. In the UK, an undefended divorce is dealt with by county divorce courts (England, Wales and Scotland), the Principle Registry of the Family Division in London (England and Wales), the High Court (Northern Ireland). Any county divorce court can be applied to, and are all listed at the Ministry of Justice website (www.justice.gov.uk).

Although a solicitor is not technically required for an undefended divorce, adopting the services of specialist divorce lawyers will speed up the process and deal with all paperwork, as well as providing personal advice ahead of the divorce application itself. This will concern itself with the most appropriate grounds for divorce, what evidence and documentation will be required, and what to do in the event of disputes over the division, of property, assets and custody of children.

Defended divorce

When one party contests a divorce application, this is known as a defended divorce. Although such cases normally begin in the High Court, they can often be transferred to county divorce courts. A defended divorce is necessarily more complicated and fraught than the alternative, and so divorce lawyers are essential for both parties – as is a barrister, since lengthy court hearings are very likely. Since high legal fees and a lot of stress are inevitable in defended divorces, it is strongly recommended that both partners do their utmost to come to an agreement before it comes to this.

Lawsuit Loan and Settlement Loan Information

Lawsuit loans or settlement loans are non-recourse loans based on the outcome of your pending lawsuit. Since it’s a non-recourse loan, you won’t have pay the loan back in the event you lose your lawsuit. However, should you win your case you’ll pay back the principal plus interest and any fees. Because the lawsuit and settlement loans are non-recourse, the lender will contact you and your lawyer and thoroughly research your lawsuit.

Lenders will only give you a loan if they feel you have a good chance of winning your lawsuit.  For this reason, if you have a frivolous lawsuit you will have a hard time finding a lawsuit loan lender. Fortunately, lawsuit loans and settlement loans are available for many types of lawsuits.

Why Should You Get a Lawsuit Loan?

A lawsuit loan can be used to pay for your rent, food, car payments, medical bills or a mortgage while you await the outcome of your lawsuit. If you are unable to work or have lost your job, a lawsuit loan can give you the funds necessary while you get back on your feet.

You get cash before things are settled, which can be months or years. And the lawsuit lender gets a lien on your lawsuit proceeds. A lawsuit loan often helps you get a larger settlement because you’re not under pressure to get an immediate settlement. This is because you’ll have funds to carry you along while your case is settled.

Lawsuit loans versus traditional loans

The benefit of a lawsuit loan or settlement loan over a regular loan is that a traditional loan will have to be repaid regardless of whether your win or lose your case. On the other hand, a lawsuit loan is only paid back when you win. A lawsuit loan is basically a lien against the proceeds of your personal injury lawsuit.

In the event you recover less money than the lawsuit loan, you’re only obligated to pay more than your share of the recovery. In addition, lawsuit loans do not require credit checks or collateral. This is because you only pay the loan back if you win your case, so your credit is not important to the lender. Another advantage of a lawsuit loan is that you won’t have to make monthly payments. You only pay when your case is settled.

Certain facts that you should be aware of regarding personal injury lawsuits

A personal injury lawsuit is a potent weapon in the hands of victims of any kind of mental stress or injury. When any person gets injured at workplace, in a car accident or at some other place due to the fault of other person, then the injured person can file a personal injury case against the other party for seeking adequate compensation. But good compensation is only possible if your case has been built in a strong way and this is only possible with the help of competent personal injury lawyer.

They can help you infilling a convincing and strong lawsuit that can get you good compensation within a shortest period of time. Aside from this, personal injury lawsuits that are prepare with care set an example for other people and also prevent the reoccurrence of such acts. These personal injury lawsuits cover all the essential aspects of the injuries.

They include the physical suffering, mental anguish and any financial adversity suffered by the victim after this incident. Victims of personal injuries such as those suffered in car accidents can claim their medical expenses and other compensation through personal injury lawsuits. The damages secured in such lawsuits help the victim in getting back to the normal life. In order to make a watertight case, you must hire a competent personal injury attorney in your state.Continue Reading