FAMILY LAW
DIVORCE AND SEPARATION
The period following the breakdown of the marriage can be a very difficult time for both parties. In addition to the emotional stress experienced as a result of separation, the legal procedure can often seem complicated and confusing.
We have produced the following to help you understand the divorce procedure.
Common Legal Terms
Petition - the document which sets out the claim for a divorce.
Petitioner - the person who starts the divorce by filing a divorce petition.
Respondent - the other party, upon whom the divorce petition is served.
Statement of Arrangements for Children - the document setting out the proposed arrangements for any children of the family.
Decree Nisi - the first stage of the divorce.
Decree Absolute - the second and final stage of the divorce.
The Petitioner's solicitors prepare a Divorce Petition and, where there are children, a Statement of Arrangements for Children form. These are sent to the Court. The only ground for a divorce is the irretrievable breakdown of the marriage.
The Petition will state which one of the following five categories apply:
1.That the other party has committed adultery
2.That the other party has behaved in a way that is unreasonable during the course of the marriage.
3.That the parties have lived apart for at least two years and they both agree to the divorce.
4.That one party has deserted the other for at least two years.
5.That the parties have lived apart for at least five years.
Your solicitor can advise you further as to which of the five categories may apply in your circumstances.
The Court sends copies of the documents to the other party (the Respondent) together with a form called an Acknowledgement of Service. This must be completed by the Respondent and returned to the Court. The Respondent must specify on the form whether or not he or she intends to defend the proceedings. The Court will send a copy of the form to the Petitioners solicitors.
If the Respondent has decided to defend the Petition, then he or she must file an Answer within the requisite time limit and a hearing will be listed. The Court will then determine whether and how the divorce should progress.
If the Respondent decides not to defend the Petition, neither party need attend Court. The Petitioners solicitors can prepare the necessary documents to progress the matter to decree nisi.
The Decree Nisi is the first stage of the Divorce. The Court will consider the relevant documents and decide whether the divorce can go ahead.
Six weeks after the Decree Nisi the Petitioner may apply for the Decree Nisi to be made Absolute. If the Petitioner does not apply then the Respondent can apply providing the requisite time limit expires.
Once the Decree Absolute has been pronounced the marriage is officially at an end.
A Decree Absolute may affect the provisions of a Will. Your solicitor will be able to advise you further if necessary.
How much will it cost?
There is no standard fee for divorce.
At your first appointment we will assess whether you qualify for public funding (formerly known as legal aid).
Our charges are based on the amount of time we spend in pursuing the matter. In addition to solicitors costs, Court fees are payable upon the issue of a Divorce Petition and upon Decree Absolute.
How long will it take?
This depends upon the speed with which the parties respond and how quickly the Court can process paperwork. Where all parties co-operate and the matter proceeds smoothly, you should allow between four to six months. Any difficulties or objections will cause delay.
What if the Respondent does not return the Acknowledgement?
The Petitioner must prove that the Respondent has had the documents. There are several ways to progress service and your solicitor can advise you further.
Click to contact the Family Department or telephone the location nearest to you.
