In part 2 of our complete guide to divorce we look at the various stages involved in the divorce procedure (View part 1 here).
So, first things first...
Where Should You File Your Divorce Application?
Divorce applications can be filed in any divorce county court or in the Principal Registry in London. The nearest court to you can be easily located using the following website: http://www.justice.gov.uk/about/hmcts/
Payment can be made by debit or credit card, cash, postal order or cheque, which should be made payable to ‘HM Courts & Tribunals Service’. Depending on circumstances, certain individuals are eligible for a fee remission in full or in part. To see if this applies to you, visit the court service website and refer to booklet EX160A, entitled: Court Fees – Do I have to pay them?
The Divorce Procedure
Stage 1
Once you have completed the divorce application (form D8), three copies (one of which must be the original signed document) will need to be sent or taken to the court along with your marriage certificate and the court fee. One copy is for you, one for the court and one to be sent to your spouse. Once received, the court will seal all three copies and provide you with a receipt and a case number. You will also be provided with a notice of issue of petition and postal service (form D9H), which will tell you how to proceed if the respondent does not reply to your petition.
Stage 2
A copy of the petition along with an acknowledgement of service form (D10) to:
- Your spouse (the respondent), and
- Any named co-respondent
Stage 3
The respondent(s) will then have seven days in which to return the acknowledgement of service to the court. This seven day period will begin on the same day the petition is served.
Stage 4
Once the acknowledgement of service has been returned to the court, you will then be sent a copy along with a statement to be completed.
In the event that 28 days pass without the respondent returning the acknowledgement form to the court, then you should either:
- Complete form D89 and send two copies of the form to the court with a photograph or written description of the respondent along with a fee for each person being served. This will entitle you to personal service by the court bailiff. Alternatively...
- You can put private arrangements in place for a process server to deliver the documents personally. Process servers are easy enough to find. Carry out an online search or look in the telephone directory. Ensure you receive a sealed statement of service from the process server.
Once the acknowledgement form has been returned you should check your spouse has answered ‘No’ to the question ‘Do you intend to defend the case?’ If the answer is ‘No’, you can then apply for a Decree Nisi.(If you have relied on the fact of two years separation and consent you must also check the Respondent has confirmed their consent) At this stage the judge will consider if:
- There are grounds for divorce, and
- If arrangements proposed for children are satisfactory
If the respondent answered ‘Yes’ and intends to defend the case, then their defence must be filed within 28 days of the date they received the petition. If nothing is received within this time then the divorce will proceed on an uncontested basis.
Stage 5
To complete the application for a Decree Nisi, you must complete the appropriate application and statement in support of this application on form D80. The statement must be signed and dated with all the questions answered. In the statement documents you must also show the respondent has received the application, and (if applicable):
- The respondent admits to having committed adultery (if that were the grounds for the divorce)
- The respondent consents to a divorce (on the grounds of two years of separation), and
- The respondent agrees with the arrangements proposed for the children
The above are usually evidenced by exhibiting a copy of the signed acknowledgement form to your statement.
Stage 6
The court staff will put your application for Decree Nisi and statement in support before the judge, who is then responsible for deciding whether the divorce can go ahead. The judge will then look at the proposed arrangements for the children, to ensure adequate consideration has been given to the future arrangements fr the children.
Once the judge is satisfied a date will then be set for the pronouncement of the Decree Nisi and you will receive a certificate of entitlement to a decree (form D84A). If there are children you will also receive form (D84B) which confirms the judge is satisfied with the arrangements put in place for the children.
The pronouncement of the Decree Nisi is the day on which your divorce will be pronounced in open court. There is no reason to attend court on this day unless you wish to make representations to the judge regarding the divorce costs. If you wish to do so, then every party involved must be served with notice of your intention to do so two days in advance of the pronouncement.
Stage 7
On the day the Decree Nisi is pronounced you will be sent a Decree Nisi certificate (form D29). However, it is not until you are granted a Decree Absolute that you are finally divorced.
Stage 8
After six weeks and one day from the pronouncement of the Decree Nisi you can apply for your Decree Absolute. This is done by filing a notice of application for Decree Nisi to be made absolute (form D36) along with the correct fee.
*Important - You should not apply for the Decree Nisi to be made absolute where there are outstanding financial issues, to do so may have serious financial implications and may affect future claims. YOU MUST SEEK ADVICE BEFORE PROCEEDING.
Stage 9
You will be sent your Decree Absolute (form D37). From this stage you are divorced and free to remarry.
Howells' Expert Solicitors Can Help
Although this process sounds complicated and time consuming, it can be simply and cost effectively completed with the help of a Howells online divorce. With one fixed price you can remove the uncertainty of hourly rates and budget for your divorce from the outset.
(image: Cordell and Cordell under CC BY 2.0)
