When a marriage unfortunately breaks down, there is a lot to consider from a legal standpoint in what is an emotional time for both parties; including finances, property, and children. You may be left wondering what the next steps are, or how long the process will take. We’ve outlined the general legal process below to help.
1. File for a divorce petition
To begin proceedings, a person (the petitioner) must fill in a divorce petition form, including all the details of both parties and a copy of the original marriage certificate. There is a fee payable to the local divorce centre for filing this petition. After this, the divorce centre will issue a copy of the petition to the party being divorced (the respondent).
2. Divorce petition response
Upon receiving the petition, as well as an acknowledgement of service form, it will then be up to the respondent to either agree or disagree with the divorce. If the respondent fails to respond after eight days, the petitioner can instruct the court bailiff to serve the documents to the respondent. The respondent also has the right to file their own divorce proceedings. If a divorce is contested, or if both sides open proceedings, then a court will hold a hearing that both parties must attend.
3. Apply for decree nisi
In a divorce proceeding, a decree nisi is an order from the court that states there is no legal reason why a husband and wife cannot divorce. A petitioner can apply for a decree nisi once the respondent has filed either their support or defence of the divorce. A judge will then consider the application and, if the grounds are accepted, decree nisi is pronounced.
4. Apply for decree absolute
Once a decree nisi has been pronounced, the petitioner will have to wait for six weeks before applying for a decree absolute. This time is used to make arrangements for finances, and any property or children. This is often when mediation meetings take place. If the petitioner fails to apply for a decree absolute within four and a half months, then the respondent can apply instead.
When the court receives the application, they will check that the necessary time limits have been adhered to, and they will perform a final check to ensure there are no unresolved reasons as to why the couple cannot divorce. Once these conditions have been satisfied, the court will issue a decree absolute to each individual, which will bring an end to proceedings and means that the parties involved are no longer married.
Our family law solicitors work hard, with diligence and care, to ensure the process outlined above is as smooth as possible for all involved. If you are looking to start divorce proceedings, contact our family law solicitors today for legal advice and expertise.