How to Respond to a Divorce Application
When you receive a divorce application in the post its arrival can be a body blow even if you have been separated for a while or were half expecting to receive an application from your estranged husband or wife.
In this blog, our Family Law Solicitors in London explain how to respond to a divorce application.
Online and London Family Law Solicitors
For family law legal advice call the expert London Family Lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
Should You Respond to a Divorce Application?
When you receive a divorce application it is tempting to do nothing. That could be due to not wanting a divorce, anxiety about seeing a Divorce Solicitor, being busy at work or struggling to cope with the demands of work and children as a separated parent.
There are three reasons why you should respond to a divorce application:
- If you don’t respond it will cost you more in legal fees and potential divorce costs orders
- Not responding won't stop your ex-partner from applying to court for a divorce financial settlement
- Not responding won't stop your ex-partner from going ahead with the divorce and moving on with their life
With a no-fault divorce, you can't ignore the divorce application as your estranged husband or wife can get a divorce without your agreement and without your having to admit to having committed adultery or unreasonable behaviour. That can be hard to hear when you don’t think the marriage has irretrievably broken down but your spouse is adamant that it has and that they want a divorce.
Our Family Law Solicitors in London can talk to you about your options, including suggesting couple counselling if you think that your ex may be prepared to agree to this. If you accept your ex’s decision to start divorce proceedings then getting counselling for yourself may help you come to terms with their decision.
Take legal advice on a divorce application.
If you accept that your ex is going ahead with the divorce you may be inclined to sign the paperwork to ‘get it over with.’ While that’s understandable it's best to speak to an experienced Divorce Solicitor to help you:
- Understand the divorce process
- Challenge court jurisdiction if your situation is unusual. For example, if you have started divorce proceedings in another jurisdiction or if you do not accept that your marriage is legally recognised in the UK
- Reach an agreement on parenting arrangements for your children
- Sort out what happens to the family home, any pensions or savings
A lawyer can help you with the confusing divorce terminology and ease a lot of the stress of having to complete unfamiliar documents and comply with court timeframes.
Instructing a London Divorce Solicitor doesn’t mean that you will end up in an expensive court battle and have to go to loads of court hearings. In most situations:
- You won't need to go to a court hearing to get your final order of divorce
- You will be able to reach a childcare agreement through solicitor negotiations or family mediation
- You will be able to negotiate a financial settlement and be able to ask the family court to make an agreed financial court order without either you or your ex-spouse having to go to a court hearing
Sometimes applications to court are made for child arrangement orders or financial orders. If that happens, our Family Lawyers in London are experienced at representing husbands and wives in family law court proceedings.
Respond calmly to a divorce application
How you respond to a divorce application will set the tone for how straightforward or hard it will be to discuss child custody and contact and financial issues. That’s because an initial angry text or phone call can make you both go into dispute or fight mode.
While you may have every right to be angry and upset at the marriage breakdown and your spouse’s actions it helps to respond calmly to the divorce application as ultimately that will be best for you.
In many situations, it is best to not respond at all to your spouse but instead arrange to speak to a Family Law Solicitor. They can write to your husband or wife and sort out the divorce paperwork for you.
Sometimes your spouse’s Divorce Solicitor will write to you before divorce proceedings are started with child care and financial proposals. You may be feeling guilty over the marriage breakdown or overwhelmed. Don’t just agree to everything that is proposed – even if you think it is reasonable. Take the time to take expert legal advice first.
Consulting a Family Law Solicitor may reassure you that all your ex-partner’s proposals are sensible and constructive. Your solicitor may tell you that you would not do better if you went to court for a child arrangement order or a financial court order. Alternatively, the Family Lawyer may suggest the proposals are tweaked or that there needs to be a full exploration of your spouse’s assets before you can reach a fair financial settlement.
Helping you respond to a divorce application
If you need help with starting or responding to divorce proceedings our experienced Family Lawyers in London are here to help answer all your questions and support you through the divorce process and in securing a parenting and/or financial court order.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
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