What is the court process to get divorced?

There are three stages to get divorced and which are: issuing a divorce petition, obtaining decree nisi; and obtaining decree absolute. 

What is a divorce petition?

A divorce petition is an application for the legal dissolution of a marriage. There is one standard petition that is used and filed with the court. However a petition can only be filed at court if you have been married for at least one year. There is also a court fee of £550.00.

There is only one ground for divorce which is the irretrievable breakdown of marriage. In order demonstrate this to the court, you must prove one of five facts: unreasonable behaviour, adultery, two years separation by consent, two years desertion or five years separation without consent. The divorce petition confirms to the court which fact you are relying upon and allows you to provide information that the fact can be proven (where necessary).

What is a decree nisi?

This is the first court order made by the court, which confirms that the person submitting the divorce petition (the petitioner) has established that the marriage has irretrievably broken down and is entitled to decree absolute. The petitioner can apply for decree absolute 6 weeks after the decree nisi has been pronounced. However, it is advisable to delay applying for decree absolute, until financial matters have been resolved and this is something that Harrowells can help with.

What is a decree absolute?

This is the final order that dissolves the marriage and means that it has legally come to an end. Upon receipt of decree absolute, both parties are free to remarry.

Here at Harrowells, we offer a fixed fee divorce service, taking all steps required to complete an undefended divorce process on your behalf. An undefended divorce being where both you and your spouse agree to divorce. In contrast, a defended divorce is where your spouse tries to stop the divorce from happening.

Should you wish to make an enquiry to find out more, please call any of our offices.