This is a very brief summary of the main steps that have to be taken to obtain a divorce. We hope you will find it useful and you may wish to keep it for reference purposes as your divorce progresses. If you do not understand or have any additional queries, please do not hesitate to telephone us.
Statement of Arrangements for Children
The party bringing the divorce proceedings is the “Petitioner”, the other part is called the “Respondent”. The first document to be prepared is the Statement of Arrangements for Children, which ideally should be signed by both husband and wife after arrangements for the children have been agreed. However, it may be signed only by the “Petitioner”.
Divorce Petition
This is the main document in the divorce. Most of its contents are “standard”, prepared in a mandatory form. The most frequent Petitions are those involving adultery, behaviour and two years separation. The Court usually charges a fee of £300 for filing the Petition.
Acknowledgement of Service
After the above documents have been drafted, approved and signed, they are filed in Court. The Court then sends out to the Respondent a blank Acknowledgement of Service of the Divorce Petition. The Respondent has to complete this form and return it to the Court within eight days. The Respondent must on that form indicate whether or not he/she is going to defend the Divorce Petition and has further twenty-one days in which to file his/her defence, which in divorce proceedings is called an “answer”. In practice it is very rare for an answer to be filed.
When the Acknowledgement of Service has been received in the Court, a copy is sent out to the Petitioner’s solicitors and the next step can be taken in the divorce. This is the :-
Affidavit in Support of the Petition and Request for Directions for Trial
The Affidavit in support is a very important document sworn on oath and testifying to the truth of the contents of the Divorce Petition. The request for Directions for Trial is simply a request to the Court to list the matter for pronouncement of Decree Nisi. The Petitioner will have another appointment with his or her solicitor for the Affidavit to be drafted. After it has been “sworn” by the Petitioner, it will be returned to us and then filed in Court with the Request for Directions for Trial.
Decree Nisi
If the Court is satisfied that the marriage has irretrievably broken down, a date will be given to the parties for pronouncement of Decree Nisi. This will not normally involve either party attending Court, although parties do sometimes attend, particularly if the costs of the divorce are still in dispute. The District Judge will, at the same time as Decree Nisi is pronounced, listen to any arguments that are put to him or her by the parties and make a decision on whether the Respondent should be ordered to pay the Petitioner’s costs.
Decree Absolute
Six weeks after the Decree Nisi, the Petitioner can apply for a Decree Absolute - a procedure, which requires only the signing of a very simple form. In a privately funded divorce a fee of £40 is payable by the Petitioner, but the solicitor can sign the application form.
If the Petitioner does not apply for Decree Absolute, the Respondent may do so eighteen weeks after Decree Nisi has been pronounced. She/he must notify the Petitioner that she/he intends to do so and the Petitioner may object.
When the Decree Absolute has been received, the marriage is finally over and only when Decree Absolute has been received may either of the parties remarry.
It is possible for there to be delays at any of the above stages. If a problem is encountered we will do our best to help you overcome it.
