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Divorce: From Start to Finish

1. The person applying for the divorce is referred to as the Petitioner.  The other party is referred to as the Respondent. The Petitioner files their application stating that the marriage has irretrievably broken down supported by one of the five facts for divorce.

If there are children (under 16 or over 16 and in education)then another form called the Statement of Arrangements for Children also needs to be completed. This gives details of where the children will live and proposed contact arrangements with the other parent.

These documents together with the marriage certificate and the court fee of £410 are sent to the Court.

This begins the divorce process.

2. The court issues the divorce application and sends it to the Respondent together with the Statements of Arrangements of Children (if applicable) and a form called the Acknowledgement of Service which the Respondent should complete and return to the Court.

3. The Respondent is required to return the form to the Court within 7 days indicating whether or not they wish to contest the proceedings

4. The court will send a copy of the Acknowledgement of Service form to the Petitioner who must then complete a statement confirming the facts in the original application and advising the court of any changes since the application was issued.  The statement is sent to the court with the original signed Acknowledgement of Service.

5. The Judge will consider the documents and if they are satisfied that the Petitioner is entitled to a decree of divorce then they will set a date for the Decree Nisi to be pronounced.  It is not necessary for the parties to attend court for the pronouncement of the Decree Nisi unless there is a dispute over costs.

6. Six weeks and one day after the Decree Nisi is pronounced the Petitioner can apply for the Decree Absolute. There is a court fee payable of £45.  If the applicant fails to apply for the Decree Absolute then the Respondent can apply three months later.  Only once the Decree Absolute has been granted are the parties officially divorced.

7. In a simple case where both parties are in agreement and complete and return the paperwork quickly then the above process from start to finish may be completed in 4 to 6 months.

Legal Disclaimer
The materials appearing on this website do not constitute legal advice and are provided for general information purposes only. No warranty, whether express or implied is
given in relation to such materials. Hodgsons Law shall not be liable for any technical, editorial, typographical or other errors or omissions within the information provided on this website, nor shall we be responsible for the content of any web images or information linked to this website. Jo Hodgson is the sole director of Hodgsons Law.