Category Archives: Getting Divorced

Getting Divorced: What Happens Next?

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To help you prepare, the following is a step by step guide to the process of divorce and what you should expect:

  1. The Court serves the Petition together with the Statement of Arrangements for Children and an Acknowledgment of Service on the Respondent.
  2. Within 8 days the Respondent should file the Acknowledgment of Service.
  3. The Court sends the Petitioner a copy of the acknowledgement filed by the Respondent.
  4. The Petitioner’s solicitor prepares an application for Decree Nisi including an Affidavit for the Petitioner to swear confirming that the contents of the Petition and Statement of Arrangements are true.
  5. Both the Petitioner and Respondent are then advised of the date fixed for the Decree Nisi. The date is likely to be a few weeks after the application was lodged.
  6. 6 weeks and 1 day after the Decree Nisi the Petitioner may apply for the Decree Absolute.

The Decree Absolute cannot be made until the District Judge has granted a certificate that he is satisfied with the arrangements for the children, which he/she will have checked in above. The reason for this is that when a Decree Absolute is made, spouses are no longer man and wife. If one spouse who has a pension dies, then the other “ex spouse” may well have lost valuable widow(er)’s pension for all time. Similarly on remarriage you can lose the right to claim for financial provision unless you have already applied to the Court and your claims are outstanding.

How Long Will It Take?

Depending on the complexity of the case, a divorce usually takes between six to eight months. This is excluding financial or children issues.

However if there is any delay or difficulty with having the Respondent return the Acknowledgement of Service to the Court it could take approximately 12 months.

Holding Back

In certain circumstances you may be advised to defer the decree absolute until all finances are settled. The reason for this is that when a Decree Absolute is made, spouses are no longer man and wife and if one spouse who has a pension dies before the finances have been resolved (but after the Decree Absolute is made), then the “ex spouse” may well have lost valuable widow(er)’s pension for all time.

Getting Divorced: What Do You Need?

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If possible it is a good idea to obtain your spouse’s consent to start divorce proceedings, as this may help to keep things amicable.

What You Need

  • Marriage certificate

The original certificate will be required to be sent to the Court with the divorce papers. If the Petitioner does not have a copy it can be requested (for a small fee) from the Registry of Births, Deaths and Marriages.

  • The Divorce Petition (form D8 )

This is a standard form that needs to be completed. In the petition the name of the County Court has to be completed, this will usually be the local Court to where the Petitioner lives.

The place and date of the marriage is completed along with the parties’ names, all this information is copied exactly from the marriage certificate.

The next section is the address where the parties last lived together as husband and wife.

Paragraph three requires the Petitioner to state the ground they rely on to establish that the Court has jurisdiction to accept the matter. The ground that is often used is that the Petitioner has been habitually resident in the UK for a period of 12 months immediately preceding the presentation of the Petition.

Paragraph four is where the Petitioner states the occupation and address of both parties (if known). Sometimes the Petitioner may not wish the Respondent to know where they are living and in this case they can withhold their address from the form although they then must disclose this address to the Court on a Form C8. The next few sections ask if there are any children of the family, their names and ages, if another child has been born to the wife during the marriage and whether or not there have been any proceedings previously relating to the marriage, children (including CSA) or property of the parties

Paragraph nine states whether there are any proceedings outside England and Wales which are capable of affecting the validity or subsistence of the marriage.

Paragraph ten is only to be used if the petition is based on five-year separation without consent. If applicable the Petitioner must state whether any arrangement has been made, or proposed to be made, between the parties for the support of the Petitioner, Respondent of child of the family.

Paragraph eleven states that the marriage has broken down irretrievably.

Paragraph twelve recites the fact relied upon for the divorce. The wording is taken from the Matrimonial Causes Act 1973 (MCA 1973).

Paragraph thirteen is where the Petitioner will state the Particulars of the allegations being used to prove the fact.

The prayer follows. This is a request to the Court to dissolve the marriage and to request various orders such as the Respondent to pay the costs of the Petition. The Petition is then signed and dated by the Petitioner and addresses of the parties completed. If solicitors are helping the parties then their address will be entered “care of”.

  • A Certificate with Regard to Reconciliation

This will be included in the divorce documents but this is only if the Petitioner is a privately paying client. This just certifies that the solicitor instructed has discussed the possibility of reconciliation.

  • Court Fee or Fee Exemption Form (EX160)

If you are a private client then you must pay a Court fee for issuing the petition. If you are being advised under the Legal Help scheme then you will send a fee exemption form instead and no fee will be payable.

  • Statement of Arrangements for Children

This form outlines who the children are and their details, where they live and what facilities that accommodation has, their education details – schools, colleges attended, whether they require special needs and any fees that are paid.
These forms will all be signed by the Petitioner and then sent to the Court for service on the Respondent.

Getting Divorced

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How you address the issue of separating, from moving out of the family home to having contact with your children, could impact on your chance to build a happy and secure future with your children.

As a father, it is important that you remain in your childrens lives while you are going through a divorce, and that you put the welfare of children before all else. Children should be entitled to a relationship with both parents and they will thrive if both parents have a stable and meaningful involvement in their lives.

In order to obtain a divorce you have to show the court that the marriage has irretrievably broken down. This means that either one or both of you feel that you cannot stay married to each other.

As long as you have been married for one year you may apply to the court in England and Wales for the marriage to be dissolved.

You are eligible if:

  1. You have been married for at least one year
  2. You can prove that your marriage has irretrievably broken down

To prove that your marriage has irretrievably broken down you have to demonstrate one of the following:

  1. Your spouse has committed adultery
  2. Your spouse has behaved in such a way that it would be unreasonable to expect you to go on living together.
  3. You and your spouse have lived apart for two years or more and your spouse consents.
  4. Your spouse has deserted you for a continuous period of two years.
  5. You and your spouse have lived apart for five years or more whether or not your spouse consents.