 The procedure for obtaining a divorce under the divorce law of England and Wales follows a sequential set of steps with various documents completed and filed at Court. Problems tend to arise when documents are completed incorrectly or there is disagreement between the parties involved.
Your lawyer will complete all the paperwork on your behalf, provide advice and guidance at each of the steps and where necessary handle communication with your spouse and the solicitors on the other side of your case.
Woolley & Co offer a fixed fee divorce package.
Step One - Filing the Divorce Petition
This step is the request to the court to start a divorce. The petition contains the details of both parties and the reason for seeking the divorce – which has to be one of the five Grounds for Divorce.
The person applying for the divorce is referred to as the Petitioner. The other spouse is referred to as the Respondent. If there is a third party they are referred to as a Co-Respondent.
If there are children (under 16, or over 16 and still in education) then a Statement of Arrangements for the children needs to be completed. This gives details of the proposed contact and living arrangements for the children after the divorce.
These documents, together with the marriage certificate and a £300 Court fee, are sent to the Court to start the divorce process.
Step Two - Service of the Petition
The Court checks the documentation and if they are satisfied that it complies with all the requirements they officially ‘issue’ the divorce petition and send it to the Respondent, together with any Statement of Arrangements and a form for the Respondent to complete and return to the Court. This form is known as the Acknowledgement of Service form.
Step Three - Acknowledging Service of the Petition
The Respondent is required to return the form to the Court within 7 days, indicating whether or not they wish to dispute the divorce proceedings. If they do want to dispute it they have to file another form called an ‘Answer’ within 28 days of receiving the Petition.
Step Four - Confirming the Facts in your Petition
The Court will send a copy of the Acknowledgement of Service form to the Petitioner, who must then swear an Affidavit (the legal term for a written statement sworn under oath to be true) confirming the facts in the original Petition. The Affidavit is sent to the Court with the signed Acknowledgement of Service.
Step Five - Pronouncement of Decree Nisi
If the Court are happy with all the documentation they will set a date on which the Decree Nisi will be pronounced in Court. It is not usually necessary for the parties to attend Court to hear the decree nisi being pronounced, unless the parties are unable to agree on arrangements for the children.
Step Six - Application for the Decree Absolute
Six weeks and 1 day after the Decree Nisi is pronounced the Petitioner can apply for the Decree Absolute. There is a standard application form and a Court fee of £40 to be paid. Only once this has been granted are the parties officially divorced.
If the Petitioner fails to apply for the Decree Absolute the Respondent can apply 3 months later.
Step Seven - Receipt of the Decree Absolute
Only once the Decree Absolute has been granted and sealed by the Court are the parties officially divorced. This is an important document and it should be kept in a safe place.
How Long Does a Divorce Take?
In a straight-forward case where both parties agree the grounds for divorce and complete and return paperwork quickly a case takes around 16 weeks, and neither party has to appear in court at any stage.
If the parties cannot agree or delays are made in the completion and return of papers to the Courts this can extend the time it takes to complete a divorce.
Need further advice?
To discuss your particular circumstances book a free telephone appointment with one of our lawyers.
Sorry we do not handle legal aid or publicly funded cases.
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