Divorce
Divorce can be a difficult time for all those involved. The information here is intended to give information about getting divorced. Further information can be found using the divorce frequently asked questions.
In order to get a divorce you need to have been married for more than twelve months and to prove that the marriage has broken down. To prove that the marriage has broken down you will need to demonstrate that there are grounds for divorce, which can be one or more of the following:
Adultery
You do not need to know the identity of the person that your spouse has committed adultery with and you do not need to name them on the divorce petition. However, if you spouse denies the adultery then you may be required to prove it. This can be difficult and for this reason divorce petitions based solely on this ground do not always succeed.
Unreasonable Behaviour
You will be asked to give examples in the divorce petition about your spouse's unreasonable behaviour. You would also need to state what it is that has made it difficult for you to continue living with them. You may use adultery as an example and you would not need to prove this. This may be a better option than relying on adultery as the sole grounds for divorce.
Two Years Desertion
You will need to supply the date when your spouse left you and show that you have not heard from them since that date. You cannot start divorce proceedings until your spouse has left you for two years.
Two Years Separation
In order to use this as grounds for divorce your spouse must agree to the divorce. You will need to put the date of the separation on the divorce petition and briefly state the reason for the separation. . If you don't know the exact date of the separation you can give an approximate date as long as it can be clearly shown that two years have passed.
Five Years Separation
You do not need your spouse's consent for this to be grounds for divorce and can therefore be useful if you know that you will have difficulty in getting your spouse's consent. You will need to give details of the date of the separation and brief reasons as to why you separated.
The Divorce Process - Step by Step Guide
Step 1 The applicant's solicitors (or the applicant themselves) send the Divorce Petition with the court fee and the marriage certificate to the court. If there are children, the Divorce Petition should be accompanied by a statement detailing the arrangements for the children.
Step 2 The court will register the case, process the papers and send copies of the Petition, the statement of arrangements for the children and an Acknowledgement of Service form to the Respondent (or the respondent's solicitor)
Step 3 The Respondent or their solicitor will fill in the Acknowledgement of Service form stating that the papers have been received and read and that the divorce is not being contested.
Step 4 The Acknowledgement of Service is filed by the court and a copy of the completed form is sent to the Applicant (or the Applicant's solicitor)
Step 5 The Applicant's solicitor or the Applicant prepare and Affidavit (a sworn statement) stating on oath that the contents of the Divorce Petition are true. The solicitor or the Applicant then file the Affidavit at court along with a form requesting that the divorce papers are considered with a view to granting a decree nisi.
Step 6 The District Judge considers the filed papers and decides whether a decree nisi should be granted. If the Judge decides that the decree nisi should be granted then both parties are notified by the Court of the date and time when the decree nisi will be announced in court.
Step 7 The court pronounces the decree nisi. It is not necessary for anyone to attend court on this date as this is merely a formality.
Step 8 A sealed copy of the decree nisi is sent to both parties or their solicitors
Step 9 Six clear weeks after a decree nisi has been granted the Applicant or their solicitor can apply for a decree absolute. If no application is made the Respondent can apply for a decree absolute three months from the date of the decree nisi. If no application for a decree absolute has been made within on year the Applicant must explain the delay to the court who then have discretion to either grant or refuse it.
Step 10 The court sends the sealed decree absolute to both parties and their solicitor. The marriage has now been officially terminated.
Further Information
Further information about the divorce process can be found by using the links below.
Divorce (HM Court Service)
Divorce and relationship breakdown : Directgov - Parents
Children And Family Court Advisory and Support Service
Last Modified:
27/06/2007 13:57:38
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