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Divorce must be based on one of five different “facts”. These are:
a) The adultery of the other party or
b) The behaviour of the other party or
c) That you have been separated for two or more years and you both consent to a divorce or
d) That you have been separated for five or more years.
e) That your spouse has deserted you without your consent or without a reason and this happened two or more years ago.
A Divorce Petition is prepared giving details of the fact chosen and other key details. For children under eighteen years a “Statement of Arrangements” is submitted to a County Court; the Court staff send out copies and ask your spouse to complete an “Acknowledgement of Service”. If the Acknowledgement is properly completed and returned you must next submit the so called “Special Procedure papers” (including a sworn statement or “Affidavit”).
A Judge considers the Special Procedure papers. Usually he will certify that the divorce can proceed and set a date for the pronouncement of Decree Nisi.
Six weeks after the grant of Decree Nisi you can apply for Decree Absolute - that is, the document confirming that your marriage is dissolved.
Please do not apply for Decree Absolute until you have in force a Court Order either confirming who gets what property from the marriage or confirming simply that neither of you is entitled to claim off the other now or in the future.
If treated with co-operation, from issue to Decree Absolute is usually six to seven months.
Attendance at Court is not generally required.
The Petitioner’s divorce costs will typically be £700.00 to £850.00 including VAT and Court fees. You can agree to split these with your spouse or the Judge can order they be split in a certain way.
This estimate does not include the cost of obtaining a Court Order about finances.
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