A guide to the divorce process
Grounds for divorce
A divorce can be granted only if you can demonstrate that your marriage has suffered an ‘irretrievable breakdown’. You must show that your marriage is beyond repair because of one of the following:
- Your partner has committed adultery
- Your partner's behaviour is such that you cannot reasonably be expected to live with them
- You have not seen your partner for two years or more
- You have been separated from your partner for two years and have their agreement to apply for a divorce
- You have been separated from your partner for five years or more
Legal terms
In all legal documents and court actions, the person applying for the divorce is known as ‘the petitioner’ and the person they are divorcing is ‘the respondent’.
Notifying the respondent
If you are applying for the divorce, we will usually start the process by writing to your partner to tell them that you are planning to start divorce action. This letter will also recommend that your partner gets independent legal advice.
Divorce petition
We will then send the divorce petition to the court. The petition sets out whether you will be asking your partner to pay for the costs of the divorce or to provide some other sort of financial support for you or your children.
Once your partner or their solicitor has replied to the petition, you will need to confirm your intention to go ahead with the divorce application by making a sworn statement or ‘affidavit’. Your application is then lodged with the court. If your partner does not reply or cannot be found, we will explain to you the various methods for overcoming this.
Arrangements for children
If you have children under the age of 16 (or between 16 and 18 in full-time education) you will need to fill in a ‘statement of arrangements for children’. This asks for details about your children, such as:
- Who they will live with
- Where they are educated
- What your plans for them are, including any arrangements for contact with the other parent
When the court considers the divorce papers, they will take this information into account to make sure that the children are properly provided for.
Decree nisi
Once the court is satisfied that you should have a divorce, it sets a date and time for the judge to pronounce the ‘decree nisi’. You do not need to go to court for this. It is simply a statement from the court that the divorce can go ahead and the divorce papers are approved. You are not actually divorced at this stage.
If at this point you and your partner have not agreed who should pay the legal costs of the divorce, the judge pronouncing the decree nisi will make the decision for you.
Decree absolute
Six weeks and one day after the decree nisi, you can have the divorce made ‘absolute’. This legally dissolves the marriage. However, it is usually better to wait until financial matters (‘ancillary relief’) have been settled before finalising your divorce in this way. We will advise you further on this as we proceed.
How long will it take?
If the divorce proceeds smoothly, the process can be completed in about four months. Should your partner defend the divorce proceedings, file a cross petition or fail to return the acknowledgment to the court, proceedings may become complex and take longer to resolve. It is worth noting, however, that a defended divorce is very rare.
Fixed-fee divorce scheme
Bruce Lance offers a fixed-fee scheme for straightforward divorce proceedings.
Further information
To find out whether you might qualify for the fixed-fee divorce scheme, or for more information on divorce proceedings, please telephone either Andrew Goss in the Poole office on 01202 679379 or Claire Lancaster in the High Wycombe office on 01494 450494.
