If you are the Petitioner (the person who wishes to begin Divorce proceedings) you will have to follow this process:
- Prepare and lodge the Divorce Petition and Statement of Arrangements for Children, if any, with the Court. There is a court fee for this.
- The court posts the Divorce Petition (and Statement of Arrangements for Children) to the Respondent (your former spouse) along with an Acknowledgement of Service document.
- The Respondent returns the Acknowledgement of Service to the Court confirming they have received the Petition. They have 7 days to respond. The vast majority of Divorces are undefended.
- Once received, the court will send the Acknowledgement of Service to you. If the Respondent does not wish to defend the Divorce, you must swear and file an affidavit with the court confirming that the content of the Petition and Statement of Arrangements for Children is correct.
- A District Judge considers the evidence. If the Judge is satisfied that you are entitled to a Divorce a certificate to this effect is granted and a copy is sent to you giving a date when the Decree Nisi will be pronounced. The Court will also decide whether the Respondent should pay the Divorce costs.
- Decree Nisi involves the Judge pronouncing it so in open court. It is rare that you or the Respondent will attend unless there is a claim for costs which is contested.
- You must now wait 6 weeks and one day before applying to the court for Decree Absolute by making a request and paying a fee. If you do not do this within four and a half months of the date of Decree Nisi, the Respondent may apply.
- The court pronounce the Decree Absolute on the date the application is received in the Court Office.
How much can it cost?
There may be a number of court fees to pay, depending on whether you are the Petitioner or Respondent. You will also have to pay your solicitor's fees. This cost can vary, depending on how complex the case is, and whether the Respondent co-operates or defends the case.
What next?
For further information about our family services or to discuss a particular matter or situation in more detail, please contact Marilyn Bell or Keith Docking on 01727 798000 or by email at marilyn.bell@salaw.com or keith.docking@salaw.com.