The Uncontested Divorce
by: jameswalsh
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Couples can either go in for the contested or the uncontested divorce. Most professional career-oriented couples choose the latter. They believe that uncontested divorces are quick, easy and hassle-fee.
This is true but is not a fair choice. An uncontested divorce is feasible only under certain circumstances. Not everyone seeking a divorce can file for an uncontested divorce. In legal jargon, an uncontested divorce can be defined as the process of total final separation of spouses from the marital relation through mutual conscious consent.
Grounds for Uncontested Divorce
Mutual Agreement: The primary basis for the uncontested divorce requires both spouses to be in full conscious state. They agree to a final legal separation before a solicitor by mutual consent. This means both partners agree on all issues. There is a fair and equitable division of all-matrimonial property and issues between the two partners. There ought to be no disagreement between the partners concerning any financial issues of bank accounts, inheritances, trusts and debts. The couple has to agree on division of all individual and join marital assets and credit cards. There also has to be an agreement on the ownership of the matrimonial home. If the couple plans to move away, then the decision to sell the house has to be joint. The division of the sale deeds has to be agreed upon.
Health & Duress: A related issue pertains to the mental health of the involved parties. Both spouses should be aware of what is happening. The divorcing couple has to be emotionally, socially and cognitively functional to make decisions. The spouses need to be aware of the implications of their decisions. The UK law holds that neither party should feel and exercise any duress to sign the agreement. On the other hand, there should be no emotional, social, financial, sexual or cognitive duress applied on any party to sign the agreement. The divorce agreement has to be signed by fully mature consenting adults.
Legally-savvy: It is recommended not to think of uncontested divorce when no legal guidance and advice is available. Ignorance of divorce law, requirements and processes could lead the spouses to make ill-informed decisions. Consequently, it is also advisable not to sign anything if one is not sure. It means when not blessed with a legal background, always opt for solid legal advice through a solicitor.
Vengeance & Public Humiliation: If you plan to seek revenge or teach your spouse a lesson, uncontested divorce method is not the way. Uncontested divorces are quick and private. In cases of physical abuse, emotional or sexual abuse adultery and even midlife crisis, one always wants to respond to the divorce petition. The Family Solicitors of London argue that usually spouses who have had a long marriage with strong familial ties resist the urge to file for uncontested divorces. They file for contested divorces where they have a chance to answer and argue.
Issue of Children: It is often advised not to go in for uncontested divorces when there are children involved. This is because the couple always argues about the custody of children. A peaceful divorce can turn into an ugly court feud because of child custody. Child custody is a sensitive issue. Agreeing to an uncontested divorce means agreeing to child custody issues. The spouse may or may not get child custody. Usually paternal parents seem to be at the end of the receiving stick. This could cause social and emotional embarrassment and trauma for the parent. It could mean that they are giving up their right to take care of their child. It could indicate that they are a bad parent. This could have tremendous diverse implications.
Workplace Implications: The parent may lose the trust of work colleagues. He/ she may be passed over promotions. The consensus is that the parent is someone who is not responsible. The bottom line is that if you cannot take responsibility for your child, you cannot be trusted to take responsibility for the organisation.
Childcare Implications: It could send out wrong signals to your child. The child may feel that the parent does not love him/her anymore. The parent does not want him/ her. Thus, uncontested divorces could just end up as easy divorces from childcare.
Hence, going in for uncontested divorces with children involved is a bad idea. Usually, uncontested divorces are patronised by childless couples and immigrant married population. These people marry for reasons other than love. They are career-focused with no strings attached. The law states that:
Couples with minor children i.e. children under the age of ten, should not go in for uncontested divorces
Couples who have children enrolled in full-time education are often advised not to go in for uncontested divorces.
About the Author
James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com
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