Five FAQs on administrative proceedings in divorces

 

When can you get a divorce?

In order to start divorce proceedings in England, Wales and Northern Ireland, a couple must have been married for a minimum of one year (or two years in Northern Ireland). Moreover, the marriage must be recognised as valid and one partner must have been living in the UK for at least a year before making an application for divorce. Both parties should obtain advice from separate family law solicitors in order to protect their best interests.

What is divorce petition?

The petitioner files the petition for divorce with the court, the other partner is known as the respondent. The petitioner shows the marriage has broken down irretrievably, by proving that there are grounds for divorce. The grounds are outlined in the divorce petition and there are five categories, but only one can be applied. The grounds are:

  • Adultery
  • Unreasonable behaviour
  • Desertion of more than two years
  • Two years’ mutual separation
  • Five years’ separation without mutual consent

What is a statement of arrangements?

A statement of arrangements must also be filed, if a divorcing couple has children. The statement gives details of proposed arrangements for children under 16, or children under 18 still in full-time education or training. If the couple can settle matters such as parental contact and financial maintenance, the court is unlikely to obstruct that agreement. Otherwise, a judge may ask the couple to attend a review hearing; or mediation may be suggested.

What is a decree nisi?


A decree nisi is a provisional declaration issued by the court concerning the legal ending of a marriage. It is granted when the court is satisfied that the petitioner is entitled to a divorce because they have proved the contents of the petition. However, a decree nisi does not end the marriage, it is the notice given by the court that a full divorce will be granted if no contrary reason is found.

What is a decree absolute?

A decree absolute is the legal declaration that finally dissolves a marriage. After this formal ending to the partnership, both parties to the divorce are free to marry another partner. There is a built-in time-delay of six weeks and one day, between the issuance of the decree nisi and the decree absolute. The delay is so that any objections to the divorce can finally be dealt with.

For more information and for a chance to speak to a solicitor about your situation call us on 08001 221 2299 and let our case handlers find the right solicitor for your needs. Our service is free. For further information, have a look at the menu on the right-hand side or the search function.

Call
08001 221 2299
or fill in the form
Our trained advisor contacts you
Your chosen specialist solicitor calls you
Quick enquiry form
What our clients say about us
"I'm very happy with the service you have provided and with Caven. I have already recommended your website to my friends."

Carolina, Employment law, London, Aug 12
"Thank you so much for your recommendation. The solicitor suggested really interesting alternatives, and gave me moral support. I'm so glad I came across your website."

LR, Kingston, Nov 10
"We engaged the solicitor's services and everything has been fantastic. It was such a relief...I wish I had called you earlier and saved myself hours of calls!"

Jaye, Civil litigation, N. Yorks, Feb 13
"Having accepted referrals for several years through Caven, I have been most impressed by the quality of their leads and their professional approach."

AE, Manchester Solicitors, July 09
"I was offered unbiased and honest opinions from the firm you put me in touch with. I felt unpressured and this took a weight off my mind."

KS, Employment law, Oxford, July 12
"Caven's solicitors were fantastic and won me the compensation I was hoping for following my accident."

Tom F, PI, Edinburgh, March 09
"Sincere thanks for making things a lot easier for me and my family. When I contacted you initially I really didn't know where to start and was terrified by what costs might be involved."

TC, London, March 11
"Your service was very quick, easy to use and I got legal advice in a language I could understand. Superb service!"

RC, Bristol, July 11
"Initially I was sceptical about asking a question online (never having done that before) but would do it again and would recommend others do the same."

Pete Chambers, Feb 12
"Thanks for following up. We are going with and I'm very please with the way you have helped us. I will certainly recommend you to our clients."

John, Commercial property law, The City, May 13