Guide to the Divorce Process
If you were married in the UK, or are a UK national who was married overseas, and have been living in England or Wales for the past 12 months then please read on. If you have not, please give us a call and ask to speak to one of our specialist family law solicitors about your circumstances so that we can check whether the UK county court is able to hear your application for divorce.
If you are seeking a divorce or the dissolution of a civil partnership, please read on.
The Divorce Process and Documentation
Your divorce will follow a series of steps, each of which requires a separate document.
For a flowchart outlining the process step by step click here.
The first document you will need is the Divorce Petition / Civil partnership dissolution petition. If you or your spouse / Civil Partner have children who are under 16, or under 18 and in any form of full-time education or vocational training, then you will also need the form 'Statement of Arrangements for the Children'.
Once you have completed a Divorce Petition / Civil partnership dissolution Petition and this has been sent to the court and been aknowledged by your spouse, then the next stage is to apply for Decree Nisi by completing and sending to the court your Affidavit for Divorce and a form entitled "Application for directions for trial". You will need to select the appropriate Affidavit depending on whether you are divorcing on the basis of a 5 year separation, a 2 year separation, adultery, behaviour or desertion.
These documents will take you to the penultimate stage known as 'Decree Nisi'. Once you have your Decree Nisi, it is imperative that you make sure that any financial issues have been resolved before going on to the 'Decree Nisi to Decree Absolute' documentation. Failure to do so could prejudice you in respect of financial matters, particularly as to loss of pension benefits. We will be happy to help you with this related but entirely separate aspect of your case, so please call and ask to speak to one of our specialist family law solicitors for individual advice.
The majority of people who divorce also choose to make a new Will, usually cutting out their former spouse and nominating a new partner, their children or other family members as beneficiaries. You can do this Online with FLC too. Remember, you can register with our Online service today and start your documents and then come back to them later. You don't have to complete everything when you first register.