An overview of the Divorce Process in England and Wales
1.Applying for a divorce
- The Petitioner (either party) makes an application
- The Respondent is the other party member
- Co-respondents are any other parties involved
2. Proof need to establish the marriage has irretrievably broken down by either of the following ways
- Adultery by the respondent
- Unreasonable behaviour
- Desertion by the respondent for 2 years or more
- Separation for 5 years
3.Other information to go with the Petition
- Marriage certificate
- Copies of the petition for service on the respondent
- Reconciliation statement (if a solicitor is acting for petitioner)
- Public funding certificate (if applicable)
- Arrangements of statements for any children (where they live, schools, contact etc)
- Court fees
4.The following documents are served on the respondent.
- Statement of arrangements
- Petition
- Notice of proceedings
- Notice of public funding (if applicable)
- Acknowledgement of Service
5. Acknowledgement by the respondent will reveal.
- Whether there is an intention to defend
- Whether there is agreement with the arrangements for the children
- Whether agrees to pay costs
If the Respondent Agrees, an Affidavit statement is sent to the Court by the Petitioner swearing the accuracy of the Petition
Affidavit is a written statement containing evidence given on oath or by affirmation. The evidence in the affidavit need not be expressed in any formal way but should be set out in numbered paragraphs in the first person. If the person making the affidavit wishes to refer to any document, this document should be attached ('exhibited') to the affidavit
District Judge considers to a decree if agrees Decree Nisi date is set
After 6 weeks Petitioner can apply for Decree Absolute and respondent can apply 3 months after the 6 weeks has expired but must do so by a court application.
If the Respondent Disagrees an answer is required within 29 days - the Court will consider each issue separately - divorce then becomes defended (which is very unusual)
Click the links below for information on any of the following:
|
