Family Law and the Divorce Process

Step 1 Issue : Divorce Petition

The divorse petition contains basic information and the Ground which is being relied on ie

• Behaviour (does not have to be unreasonable)
• Adultery
• Separation for 2 years with consent
• Desertion for 2 years
  
• Separation for 5 years.

If there are Children also a Statement of Arrangements for Children

If the party is private paying also a Certificate of Reconciliation

One copy of each of the above for each other party. Usually one copy – for the Respondent but sometimes 2 if there is a co-respondent in an adultery petition.

Original marriage certificate.

There is a fee of £300 for issuing the Petition

Link to download the Divorce Petition Notes here....

Step 2 Service

The Court will serve the papers on the other party along with an Acknowledgement of Service. If he returns the Acknowledgement of Service form to the Court the matter will proceed to Step 3, if not then we have to arrange for the papers to be served by the Court Bailiff.

There is a fee of £30 for Bailiff Service.

If after doing everything possible we cannot find him we can ask for service to be dispensed with. There will have to be a Court hearing and we have to persuade the Judge that we have done everything reasonably possible to find him

Deemed Service is where we know that he has been served, for example because his solicitor has written to us and told us that he has but he has not filed the Acknowledgement of Service. Again there has to be a hearing and we have to show the Judge evidence of the fact that he has been served.

Step 3 Decree Nisi

If the Respondent (person who is being divorced) is defending the Divorce he now has to file a Defence

The Petitioner (person who has issued the Divorce) may then file and Answer to the Defence

Once Service has been dealt with (and the Defence and Answer filed if appropriate) the Petitioner has to file an Affidavit basically turning the Divorce Petition into a Sworn statement.

There is a cost of £7.50 to swear the Affidavit at a solicitor but it is free if you go to the Court office.

When the Affidavit has been filed with the Court all the papers are put before a District Judge who then decides if the Petitioner is entitled to her divorce on the papers filed. He might ask for further information or documents to be filed.

If the matter is to be defended then a date is set for a hearing which both parties must attend.

If the matter is not defended the Judge will set a date for Decree Nisi to be pronounced in open Court but with no-one in attendance unless there is an issue about costs in which case the person who is arguing costs needs to attend.

The Court will send us a Certificate of Entitlement to a Decree which will give the date for the Decree Nisi hearing and will say of there is to be an order for costs against anyone and whether the court feels there should be a meeting with the Judge in chambers to discuss children (this is very rare now) .

Step 4 – Decree Absolute

Once Decree Nisi has been pronounced the Petitioner must wait for 6 weeks and 1 day and can then apply for Decree Absolute. If she does not the Respondent must wait for 3 months after the date on which the Petitioner could have applied and he can then apply.

If the Petitioner is applying the matter is simple, sending in a form and the Decree follows automatically. If the Respondent is applying there must be a hearing attended by both parties.

There is a fee of £40 for Decree Absolute.