What Happens During a Divorce?
If you have decided that the only option for you to proceed is to dissolve your marriage and get divorced rather than separating then you need to consider the procedure. You must have been maried for one year. The person applying for the divorce is called the Petitioner ( link to Glossary). As Petitioner, you will need to file at court a number of documents as follows:
- A Divorce Petition
- The Marriage Certificate
- Fee of £550.00.
What is The Divorce Petition?
The Divorce Petition is the document submitted to the court in which the Petitioner requests a Divorce, a financial remedy and costs. The Petitioner must rely on one of five facts to support the fact that the marriage has irretrievably broken down:-
- Adultery
- Unreasonable behaviour
- Two years desertion by the other party
- Two years separation with consent of the other party
- Five years separation
What Happens to The Divorce Petition Next?
The petition is served on the other party (called the Respondent) and any Co-Respondent usually by post from the Petitioner’s solicitor or the Court.
How Long do I Wait For Them to Respond?
The Respondent returns an acknowledgement of service form to the Court within 7 days of receiving the petition indicating whether or not he/she intends to defend the petition.
What if my Spouse Disagrees to The Divorce?
If the Respondent indicates an intention to defend (which is unusual, except as a delaying measure or as an attempt to persuade the Petitioner not to claim costs) and the Respondent wishes to pursue that intention, he/she must file a document called an answer within 28 days of receiving the petition and ultimately (after various other procedural steps) there will be a Court hearing at which a Judge will decide whether or not to pronounce the Decree Nisi (the provisional decree of divorce).
And if They do Agree?
If the Respondent does not intend to defend (which is usual), the Petitioner swears an affidavit in support of his/her petition and applies to the Court for the decree nisi.
What Happens Next?
The District Judge will consider the documents which have been filed and, if satisfied that the grounds for divorce is substantiated and that certain other prescribed requirements are met, will certify that the Petitioner is entitled to a decree and will fix a date for the pronouncement of the decree nisi.
When Will I Get a Decree Nisi?
The decree nisi will be pronounced on the date fixed. Neither party need attend at Court.
When Will I Get a Decree Absolute?
Six weeks and one day later, the Petitioner may apply for the decree absolute (the final decree of divorce)
If the Petitioner does not apply for the decree absolute to be made then the Respondent may do so three months later. This will involve a brief hearing before a District Judge.
Decree nisi is made absolute. There is no Court hearing.