Divorce Procedure

Most cases do not require you to attend Court and are usually completed within 4-6 months.  However cases can last up to 12 months or more, particularly if there are financial issues that need resolving.

The Petitioner is the person who starts the divorce proceedings and the Respondent is the person against whom the case is filed.

The procedure for divorce is as follows:

Divorce Petition – you will need to file this document at Court. It will contain details of your name and address and the respondents name and address. It will also set out the grounds for divorce that is relied upon. You will need to send your original marriage certificate with the petition.

Statement of Arrangement for Children – if you have children then this document will also need to be filed at Court together with the divorce petition.  It sets out any contact arrangements between the parties as well as any maintenance payments towards the children that are agreed.

Acknowledgement of service – This document is served to the respondent together with the divorce petition.  The respondent must complete the form and return it to the Court within a set time period.

Decree Nisi – the petitioner applies to the Court for decree nisi.  The pronouncement of decree nisi confirms that the divorce is nearly complete.

Decree Absolute – once it has been six weeks and one day since the pronouncement of decree nisi the petitioner can apply for decree absolute.  Decree absolute confirms that the divorce has come to an end.