Stage 1
The Proceedings
In order to obtain a divorce in England and Wales, you have to show that you have been married for more than a year and that the marriage has “irretrievably broken down”. To do this you have to satisfy the Court that you have grounds for divorce based on one of the following:
- Adultery. Your husband/wife (spouse) has committed adultery and you find it intolerable to live together.
- Unreasonable Behaviour. Your spouse has behaved in such a way that you cannot reasonably be expected to live together.
- Two-Year Separation With Consent. You have been separated for 2 years and your spouse agrees to divorce.
- Desertion. Your spouse deserted you more than 2 years ago.
- Five-Year Separation. You have been separated for 5 years.
Stage 2
Acknowledgement of Service
Once your Divorce Petition has been completed and sent to your local County Court, it will be checked by the Courts and issued to your spouse.
In the divorce proceedings, whoever issues the petition (you) are known as the Petitioner and your husband/wife (spouse) is known as the Respondent.
The Court will send the Respondent the divorce paperwork and instructions on how to complete the Acknowledgment of Service documentation.
Once they have completed this simple document and returned it to the Court, your divorce will then progress to Stage 3...
In the event that they fail to return the acknowledgement to the Court then the Court bailiffs can serve the divorce papers on your spouse. If you are unsure of the whereabouts of your spouse, then we can advise on the procedure to follow to obtain your divorce.
Stage 3
Application for Decree Nisi
Once the Court receives the acknowledgement from the other party, or service on them is proved, an application for a Decree Nisi is made. This is basically the process of asking the Court to place your Divorce Petition and supporting documentation before a Judge in order for him or her to consider whether to grant your divorce.
Stage 4
Application for decree absolute
Once your Decree Nisi is pronounced, you must wait 6 weeks and one day before applying for your Decree Absolute. This is the final stage of your divorce. When you receive your Decree Absolute, you are divorced from your spouse.
For further information or advice about the procedure involved in getting divorced ring us on 0845 034 4050 for free advice.
