Below is a brief overview of the divorce process. A more detailed description of the individual issues involved can be found under the ‘Common Questions’ link.

Under the present law, an applicant for a divorce (known as the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five facts:-

• Adultery
• Unreasonable behaviour
• Two years desertion
• Two years separation and the written consent of the other party
• Five years separation

The case is presented to a Court by the Petition, a document which contains the basic facts about the marriage and its history. If the other party wishes to contest the divorce, he or she does so by filing an Answer. In fact, cases are rarely contested. If undefended, the Court will pronouce a decree of divorce if satisfied by the evidence in two stages: Decree Nisi, and six weeks later, Decree Absolute. The entire process of an undefended case can take about three to four months to complete. No attendance at Court is necessary.

The Divorce is dealt with by a private process, and no fault or blame is implied in respect of any party against whom a decree is pronounced. Only rarely does the history of the marriage have any impact on financial matters, and it is entirely open to the Respondent party to allow the divorce to go through, and not challenge the allegations made in relation to the divorce, but still to resist any raising of the allegations in the context of financial matters.

Questions relating to children are relevant to the divorce and the Court requires to be given information about the Arrangements for the children, and has to be satisfied that those arrangements are appropriate. Subject to that, the Court will not intervene in matters relating to the children, unless asked to do so by a party in circumstances where the parties themselves cannot resolve the issue without the assistance of the Court.

Timescales

It is important that clients are aware of the timescale of the divorce process - this often helps give an idea of the procedures involved in conducting divorce proceedings, and indicates how long this process may take. The following represents an approximate timetable, assuming that both parties are resident in the U.K. and that the case is undefended. If either party resides abroad, does not respond to the process promptly or contests the case the process will take longer.

• After one year of marriage - divorce proceedings can commence. The ‘Petition’ and ‘Statement of Arrangements’ forms (if there are children) are completed and lodged at the Court. The Court charges £150 for issuing a divorce.

• Within two weeks - Solicitors acting for the ‘Petitioner’ or the Court serve the Petition and Statement of Arrangements to the other spouse.

• Within a further four weeks - ‘Respondent’ party should file an ‘Acknowledgement of Service’ of these papers.

• Within one week of receipt of Acknowledgement of Service - The Petitioner can apply for the Decree Nisi, the first stage of the divorce order. This decree includes an affidavit from the Petitioner detailing information concerning the proposed grounds for the divorce, to clarify that the couple have truely lived separately or that the Respondent has committed adultery or acted unnreasonably. The Court must also be satisfied that the arrangements for the children are agreed between the parties. The Affidavit must be sworn before a solicitor and submitted to Court.

• Within five weeks of filing the application - the Judge will have set a date for the pronouncement of the Decree Nisi. The parties do not have to attend Court when the Decree Nisi is pronounced.

• Six weeks after the pronouncement of the Decree Nisi - The Petitioner can apply for the Decree Absolute, although it is usual and prudent to apply for this once the financial issues in the case are settled. The fee for the Decree Absolute is £30.

• Once the Decree Absolute is pronounced - Only then can either spouse remarry. It is important to remember that the Decree Absolute must be kept safely by the parties, because it is the only evidence they will have of their new marital status.