The Divorce Process

The procedure for obtaining a divorce follows a simple set of steps with various documents completed and filed at Court.

For a Fixed Fee we 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.

Step One – Filing the Divorce Petition

This step is the request to the court to start a divorce. The divorce petition contains the details of both parties and the reason for seeking the divorce – the divorce petition must be based upon one of five facts.

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 Form for the children needs to be completed. This gives details of the proposed contact and living arrangements for the children after the divorce. If possible, the contents of this form should be agreed with your spouse before it is filed at court, although this is not absolutely necessary. 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 satisfied 'issues' the divorce petition and sends it to the Respondent, together with the Statement of Arrangements Form relating to the children (if any) 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 – Acknowledgement of Service Form

The Respondent is required to return the form to the Court within 7 days, indicating whether or not they wish to defend the divorce proceedings. If they do want to defend it they have to file another form called an ‘Answer’ within 28 days of receiving the Petition. It is extremely rare for the other party to file an Answer and almost all divorces proceed on an undefended basis.

---

Step Four – Affidavit in Support

The Court will send a copy of the Acknowledgement of Service form to the Petitioner, who must then swear an Affidavit (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 Acknowledgement of Service signed by the other party.

---

Step Five – Pronouncement of Decree Nisi

If the Court is happy with all the documentation the Judge 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 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 financial matters have yet to be resolved and particularly where pensions are involved, the court may refuse to grant Decree Absolute. It is therefore extremely important that you seek advice from your solicitor regarding financial matters as early as possible.

If the Petitioner fails to apply for the Decree Absolute the Respondent can apply 3 months later.

---

Step Seven – Receipt of 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 4–6 months, 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.