| In all cases, divorce proceedings cannot commence until
you have been married for a minimum of one complete year.
The person who applies for a divorce is known as the
Petitioner and the spouse that they wish to divorce is
known as the Respondent.
Where possible it is always favourable for both
parties to deal with divorce in as amicable a way as
is possible. We appreciate that this is not always possible
but where people can maintain an open dialogue, many
fundamental issues can be agreed prior to the commencement
of proceedings.
From the details you provide, we will complete a divorce
petition on your behalf and forward it to you for approval.
Once approved, your solicitor will send the petition to
the court along with your original marriage certificate
(or a certified copy) and the current court fees.
Remember, we cannot proceed without a marriage certificate.
March Solicitors can obtain a copy on your behalf but this
will incur an additional fee (currently £26).
The court will check the petition and forward a copy
to your spouse. They are requested to read and complete
the form to indicate whether they wish to contest the divorce.
In the vast majority of cases divorce petitions are uncontested.
March Solicitors will then ask you to provide a bit more
information to enable them to prepare a sworn statement
for you to sign. This document supports your divorce petition.
It also forms your application for a Decree
Nisi - a provisional
order showing that the court is satisfied that the grounds
for divorce have been established.
Prior to Decree
Nisi, the court must satisfy itself that
you and your partner meet all the criteria
to be granted a divorce.
At this stage the court will also decide who is responsible
for paying for the divorce, if this has not already been
agreed.
Once satisfied, the court usually issues a Decree Nisi
within a few weeks.
An application for the Decree to be made ‘Absolute’ -
the final court order bringing the marriage to an end - can
be made six weeks and one day after the Decree Nisi is granted.
If there are any financial matters that are still to be agreed
with your spouse, it is often better to delay this application
until all matters have been finalised.
If your case is straightforward and all financial matters
have been agreed prior to the original divorce petition,
then most Decree
Absolute’s are granted within 5 months
from the commencement of proceedings.
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