A Step By Step Guide To Divorce

Having reached the decision to end a marriage there are certain practical considerations to take into account prior to making an application for divorce. Below, we have provided a step by step guide on the divorce process.

Guide to divorce

The petition and grounds for divorce

The document that starts the divorce is called a petition. A petition for divorce can only be presented to the Court if the marriage has lasted for a year in duration and the relationship has irretrievably broken down.

The only ground for divorce is that the marriage has broken down irretrievably. There are five facts listed within the Matrimonial Causes Act 1973 that can be relied upon when filing a petition for divorce:

• Adultery;
• Unreasonable behaviour;
• Desertion;
• Two years of separation; or
• Five years of separation.

The divorce procedure is started by one spouse, they are referred to as the ‘petitioner’, the other party to the divorce is known as the ‘respondent’.

Although the location where the marriage ceremony originally took place will not have an impact on the divorce process, an application for a divorce in England and Wales can only be brought if both parties meet certain residence conditions or are domiciled in England and Wales. We would highly recommend obtaining advice from our team of family law specialists if there are any issues relating to domicile and residence as this can be a complex area.

A draft petition is prepared and it would usually be shared with your spouse for approval.
Once the divorce petition has been finalised it is sent to Court together with the original marriage certificate and the Court fee of £550.

How the Court processes the petition

The Court will then issue the petition and the divorce is given a case number. The Court will post a copy of the divorce papers to the respondent. The respondent will then complete and return a form called the “acknowledgement of service”. This form is then returned to the Court.

The Court will then send to the petitioner a copy of the acknowledgement of service form completed by the respondent. Assuming the respondent does not state that they wish to defend the divorce, the petitioner then prepares a standard form and statement and applies for the decree nisi.

The final stage – decree absolute

The final stage of the divorce is for the petitioner to apply for the decree absolute. This application can be made once six weeks and a day have elapsed from the date of the decree nisi.

The decree absolute is the legal decree that dissolves the marriage and frees both parties to marry other people should they wish to do so. If the petitioner fails to apply for the decree absolute within four and a half months of receiving the decree nisi, the respondent can apply instead. The respondent must attend Court to do this because there may be a good reason why the petitioner has not yet applied. Often this is to do with financial arrangements.

The divorce process takes around six months from start to finish. However, it can take longer if there are delays in taking any of the required steps during the proceedings, if there are delays with the Court or if there are financial matters that need to be sorted out before the divorce can be finalised.