1) Divorce Papers

a) Divorce Petition

This is the document, which is filed at Court to commence divorce proceedings. There is only one ground for divorce, namely that the marriage has broken down irretrievably. In order to show the Court that this is the case, you will need to prove one of five 'facts' in the divorce petition. The five 'facts' are:
1. That your spouse has committed adultery;
2. That you and your spouse have been separated for at least 2 years and you both consent to a divorce;
3. That you and your spouse have been separated for a period of 5 years (no consent is required);
4. That your spouse has behaved unreasonably and you find it intolerable to continue to live with him/her;
5. That your spouse has deserted you for a period of at least 2 years.
There is a Court fee of £300, which must be paid when the divorce petition is sent to the Court.
The person who brings divorce proceedings is known as the 'Petitioner' and the other party to the marriage is known as the 'Respondent'.

b) Statement of Arrangements for the Children

If you have children, the Statement of Arrangements form must be sent to the Court together with the divorce petition. The form will provide the Court with details of the children, including with whom they live, the arrangements for contact (with the parent with whom the children do not live), which school they attend, and whether these arrangements will continue. The Court will not get involved with the arrangements for the children unless the parents are unable to agree suitable arrangements themselves, or unless the Court is concerned for the welfare of the children.

2) Notice of Issue

When the Court receives the divorce petition, it will serve a copy (together with a copy of the Statement of Arrangements) on your spouse, or on any solicitor acting for your spouse. The Court also sends a Notice of Issue to confirm the date that proceedings were commenced.

3) Acknowledgement of Service by Respondent

Your spouse will then have a period of 14 days to respond to the divorce petition and state whether they agree to the divorce and, if applicable, the Statement of Arrangements form.

4) Affidavit of Petitioner in Support of Petition and Application for Directions

When we have received the Acknowledgement of Service from your spouse (or his/her solicitor), the next step is for you to sign an affidavit. This will confirm that the contents of the divorce petition (and Statement of Arrangements form) are true. You must swear on oath that this is the case. The affidavit is then sent to the Court together with a request that the Court provides Directions that the parties must follow in order to obtain the Decree Absolute.

5) Notice of Decree Nisi
(Certificate of Entitlement to Decree Nisi)

A District Judge considers the divorce papers and the Court sends each party a notice stating when the Decree Nisi will be pronounced.

Section 41 Certificate

The Court will also send a 'Section 41 Certificate' to confirm whether the Court is satisfied that it is content with the arrangements for the children.

Costs Order (if applicable)

It is possible to claim your divorce costs from your spouse (i.e. the costs you will have to pay your solicitor). If you wish to do this it must be requested in the divorce petition. If the Court agrees to the request, it will send a Notice confirming this together with the Notice of Decree Nisi.

6) Certificate of Decree Nisi

The Decree Nisi will be pronounced in Court on the date advised by the Court. Neither party needs to attend Court, as the District Judge will grant the Decree from the paperwork alone. You will then have to wait a period of six weeks and one day before you can apply to the Court for the Decree to be made Absolute.

7) Application for Decree Nisi to be made Absolute

The application for the Decree Nisi to be made Absolute is sent to the Court, together with the Court fee of £40. The Court will usually deal with the application within a few days.

8) Certificate of Decree Absolute

This is the document that formally ends the marriage and confirms that you are divorced.