The Divorce Process
A step-by-step guide to the divorce process.
Key
P: The petitioner – the person applying (petitioning) for the divorce
R: The respondent – the spouse that receives the petition
1. Petition for Divorce
The first step is for P to apply for a divorce by filing a Divorce Petition, submitting an original marriage certificate and paying the £340 court fee to begin the process. If children are involved then a Statement of Arrangements will also need to be completed.
2. Acknowledgement of Service
R receives copies of the papers submitted in stage 1, along with an Acknowledgement of Service form. This form must be completed and returned to confirm that they will continue on the grounds stated in the petition.
If R does not reply contact us so we can help you decide the best way forward.
3. Obtain Decree Nisi
P receives a copy of the acknowledgement, an Affadavit in Support, and an Application for Directions for Trial. The application must be completed. The affidavit must be sworn before a court official or an independent solicitor. Both of these must then be submitted to the court for a judge to consider the whether a Decree Nisi can be granted. If the judge is satisfied a Decree Nisi will be issued with a copy going to both P and R.
Contact us for advice if either the Judge refuses Decree Nisi or the Court has concerns regarding arrangments for any children who are involved.
4. Obtain Decree Absolute
P may apply for Decree Absolute on or after 6 weeks from the date of the Decree Nisi by completing a form and paying the court fee of £45. It is important to note that before this is issued the court must agree all financial and childcare arrangements.
Contact us to discuss what needs to be included in your financial agreement. Do not apply for Decree Absolute until you have spoken to us about this.
5. Completion
Once the Decree Absolute is granted and issued by the court the process is completed and you are officially divorced.