Divorce Proceedings

 

Either spouse can start the divorce proceedings after the couple have been married for one year. This is done by completing a divorce petition (Form D8) which can be issued by, and then returned, to your local county court along with any court-required fee. If a couple have children then the petitioner (the person applying for divorce) is required to also complete a statement of arrangements for the children (Form D8A).

In order for the divorce proceedings to be successful the applicant must show that the marriage has irretrievably broken down. This is shown by providing evidence of one of the five following facts:

  • Adultery of the other spouse
  • Unreasonable behaviour of the other spouse
  • Desertion by the other spouse of two years
  • Two years' continuous period of separation with consent
  • Five years' continuous period of separation without consent

If the divorce petition is not opposed by the respondent (the spouse), he or she will send an 'acknowledgement of service' (Form D10) stating this to the court. Following this the petitioner can advance to the next step in the divorce proceedings and apply for a decree nisi. Once the court has approved the decree nisi by sending the petitioner and respondent a certificate of entitlement to a decree (Form D84A), the petitioner must wait six weeks and one day before he or she can finalise the divorce by applying for a decree absolute (Form D36: notice of application for decree nisi to be made absolute). The divorce process may seem daunting at times and having a divorce solicitor to guide you through the process and solve any issues that occur along the way is most recommended. Our divorce solicitors are highly experienced in advising on range of issues that may occur during divorce and we can transfer you to a solicitor to best suit your requirements.

So if you have any questions or would like our help in finding a local divorce solicitor please call us at 08001 221 2299 or complete the web-form above.

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