As with any stressful or life-changing activity, we want the divorce process to be smooth-running, quick to complete and cost-efficient. In order to achieve this, here are five pointers which help to keep the divorce process as simple and stress-free as possible:
- Proof of the Marriage: When filing your divorce Petition, ensure that you provide the Court with your original marriage certificate, as well as a certified translation if it is written in a different language to that of the country in which you are filing. A Court will not accept a document which they do not understand! If you do not have your marriage certificate, you will need to obtain a certified copy from the General Registry Office.
- Establishing Jurisdiction: Make sure you’re filing in the right country, depending on your spouse’s or your domicile or nationality.
- Choosing the Best Grounds for Divorce: The most common ground chosen to justify the reason for their divorce is ‘unreasonable behaviour’, which means citing three or four examples of why your spouse’s behaviour has jeopardised the marriage there are, however, five potential grounds to choose from on which to base your divorce.
- Prove Attempts of Service: Document and save any evidence of your efforts informing your spouse of the divorce. Emails, letters or messages are all indications to the Court that you have tried to provide them with such information. Their receipt of the sealed Petition, Acknowledgement of Service and Notice of Proceedings complete this requirement. Once they have completed and returned these documents to the Court can the divorce can progress. If they do not return the Acknowledgement of Service then you use the other communication to show that in reality they have been notified.
- Show the Children have Been Thought Of: In a divorce between a couple with children, the Court will prioritise the children’s welfare. It is therefore important that the Court are provided with evidence that the children’s needs have been taken into consideration.
Clearly, preparing your documents properly will avoid wasting both yours and your solicitor’s time messing around at Court. For an easy-running divorce, run through paperwork and requirements with a solicitor who has experience completing these documents and is fully aware of the usual catch-outs that can slow the divorce process down.