Divorce Procedure - What's Involved In Getting Divorced?

Sadly, divorce statistics remain on the increase with at least one in three marriages in the UK ending in a split.

There are many theories behind the statistics, but one view is that couples are no longer prepared to work so hard at the commitment; many now go into marriage with the attitude that if it doesn’t work out, the divorce process is so much easier than it was in ‘the olden days’.

But is divorce really that easy?

In this article, you’ll find out what steps you’ll need to take if it’s time to say goodbye.

What do I need to prove to be able to get divorced?

To get a divorce, you have to show that your marriage has ‘irretrievably’ broken down. This can be proved in one of five ways:

• Your spouse has committed adultery and you find it intolerable to continue to live with him or her;

• Your spouse has behaved in such a way that it is unreasonable to expect you to continue to live with him or her;

• You have been separated from your spouse for two years and your spouse consents to the divorce;

• You have been separated from your spouse for five years (whether or not your spouse consents to a divorce);

• Your spouse has deserted you for a period of two years.

What do I have to do to start the process?
If you want to get a divorce, you’ll first need to present a Divorce Petition to the local County Court. As the person who has started the proceedings, you will be called the ‘Petitioner’ and your spouse will be called the ‘Respondent’.

How do I prepare a Divorce Petition?  
You will need to consult with a specialist Family Law solicitor who will draw up the necessary documents for starting the divorce proceedings. The main document is the Divorce Petition which sets out the reason you want a divorce.

Click here if you would like to receive FREE advice from a fully qualified solicitor.

Your solicitor will need to see your Marriage Certificate in order to draft the Divorce Petition.  

Are any other documents required?
If you have any children under the age of 18, then a Statement of Arrangements for the Children will also need to be drafted. This sets out the details of where the children are to live, who is to look after them etc.

What happens next?
When the divorce documents have been drafted your solicitor will send them to you for approval.

The Divorce Petition and Statement of Arrangements for Children, if appropriate, will then be filed at the Court together with your Marriage Certificate and the appropriate fee.

The Court will issue the Divorce Petition and send a copy if it, together with a copy of any Statement of Arrangements for the Children, to your spouse. Your spouse will also be sent a form on which he or she has to acknowledge service of the Divorce Petition and say whether he or she intends to defend (object to) the proceedings.

And then what?
The next step is for your spouse to complete the Acknowledgement of Service of the Divorce Petition and return it to the Court.

If your spouse fails to return the Acknowledgement of Service to the Court, your solicitor will either have to instruct the Court Bailiffs to serve the Petition personally or, alternatively, will arrange for a process server to serve the Petition.

What if my spouse agrees to the divorce?
Once your spouse has returned the Acknowledgement of Service of the Divorce Petition to the Court indicating that he/she will not be defending the divorce, the Court will send a copy to your solicitor.

Your solicitor will then prepare your Affidavit in support of the Petition. This is a sworn statement confirming that the information you have given in the Divorce Petition is true.

The Affidavit is sent to the Court together with a Request for the case to be considered.

All the paperwork then goes before a Judge to consider whether a divorce should be granted and to consider the arrangements made for any children.

And if the judge is satisfied I am entitled to a divorce?
 S/he will issue a Certificate and the case will be listed for the Decree Nisi.

The Decree Nisi is the provisional divorce order. But you will remain married until the Decree Nisi has been made ‘absolute’.

The hearing for the Decree Nisi is usually listed for about 3 to 4 weeks after the Affidavit is returned to the Court, depending on how busy the Court is at the time. At this point, the Court will also indicate if it is satisfied with the arrangements for the children.

You do not need to attend the Decree Nisi hearing unless the Court has indicated that you should do so because there is a dispute over who should pay the costs of the divorce.

In the meantime, you will be entitled to any widow or widower’s pension should your spouse die before Decree Absolute but you cannot remarry until after Decree Absolute. 

 When do I get the Decree Absolute?
Once the Decree Nisi has been pronounced, your solicitor will send you a copy of the Decree Nisi Certificate. This is the first part of the divorce.

Once you have received the Decree Nisi, you must wait for 6 weeks before applying for the Decree Absolute by sending another application form to the Court together with a further Court fee.

The Decree Absolute is the final part of the divorce. It is important that you retain the Decree Absolute Certificate as you will need it if you ever wish to prove in the future that you are no longer married.

Sometimes it is advisable not to apply for the Decree Absolute straight away. There may be reasons why it is better to wait to apply for the Decree Absolute until the financial disputes in the divorce have been resolved. Your solicitor will advise you about this further at the appropriate time.

Blimey! It’s quite a long-winded process then?
It usually takes about 4 to 5 months to obtain a straightforward divorce – i.e. where the divorce is not defended by your spouse and the facts are clear cut – and, even then, this depends on how quickly each party returns the various forms to the Court and on how busy the Court is.

There’s also the cost of your solicitor and various court fees to consider.

Can I change my mind once I’ve started the process?
 You can stop the proceedings at any time if you wish, right up until you’ve obtained the Decree Absolute.

So, if you are able to kiss and make up, let your solicitor know immediately.

Click here if you would like to receive FREE advice from a fully qualified solicitor.