Divorce Proceedings
How do I start Divorce Proceedings?
There are four main stages to divorce proceedings and the process is as follows
Stage One of Divorce Proceedings
If you are using the services of a divorce solicitor in London they will take all of these aspects of legal documentation out of your hands and will deal with them asking you to sign relevant paperwork where necessary.
You will need a form called a divorce petition to start the proceedings you can download the document from www.hmcourts-service.gov.uk you can take it to the county court or your solicitor can do this for you.
You will also need to provide your marriage certificate if you do not have one or are unable to find yours you can arrange for a copy from:-
The General Register Office
PO Box 2
Southport
MerseysidePR8 2JD
Or you can obtain a copy from the office of the register of Births deaths and marriages where you were married.
A court fee payment of £340 will need to be paid
It will be necessary to explain to the court why you are seeking a divorce. You have to have grounds for a divorce and that it has irretrievably broken down.
Grounds for divorce include:-
Your spouse has committed adultery
Your spouses’ behaviour is intolerable and you cannot live with them
Desertion of over two year’s duration
Arranged separation of over two years with agreement to divorce
Husband and wife have been living separately for over five years
Your spouse and any co-respondent will be sent a copy of the Petition, Statement of Arrangement and the Arrangement of service which they will need to complete and return to the court. The respondent will need to return the document within 8 days.
The respondent has a choice now:-
- contest the petition and return the D10 form
- Ignore the Petition and not return it
- Agree and return the D10 form
If your spouse has not received the petition (they may have moved) it may be appropriate to seek advice from your solicitor although it is possible to continue on your own. This will involve seeking assistance from the county court bailiff who will personally deliver the documentation; you will incur a charge for this service.
Stage Two of Divorce Proceedings
When the respondent has returned the document it can go two ways
- They can defend the petition which means they will have sent an Answer in which case it would be advisable at this stage to seek the advice of a lawyer.
- The respondent does not contest the petition, in which case you can ask for the Decree Nisi to be pronounced this means you Apply for direction for trial
Stage Three of Divorce Proceedings
If the respondent intends to defend the case then you will need to take a copy of the answer to a family law solicitor.
The petitioner will need to make an Affidavit (form D80) of evidence for your application for trial. The statement is a legal document which you have to swear in front of an approved witness (county court officer or your solicitor) to its authenticity.
The documentation differs depending which grounds of divorce you are applying for. Once these have been completed they are sent to the court office and you will then have entered your case on the Special procedure list.
Once all the correct documentation has been submitted to the court and the judge is satisfied that the children’s arrangements are appropriate they will grant you a Decree Nisi. This decree is the first of two you need both to be able to re-marry.
Final Stage of Divorce Proceedings
If all documentation regarding the children have been approved or if there are no children involved then you can apply (form D36) for your Decree Absolute (form D37) six weeks and a day from the date of the Decree Nisi.
You will be sent your Decree absolute which indicates the dissolution of your marriage.