we understand how distressing and difficult a Divorce can
be. We will deal with your case with sensitivity,
confidentiality and understanding.
happens in a divorce?
In order to get divorced, either the husband or wife must
make an application to the Court for a Divorce. For a
Divorce to be granted, the Court must be satisfied that
the marriage has broken down in one of five ways, which
Separation for 5 years.
for 2 years and both parties’ consent
Desertion for a period of 2 years.
Where both parties agreed to divorce, this is called an undefended divorce. A straightforward undefended divorce should proceed as follows: -
See a Solicitor for some preliminary advice
Inform your spouse of your wish to divorce
Issue Divorce Petition
The Respondent receives the Petition from the Court
The Respondent has 7 days to Acknowledge that they have received the Petition and to consent to the divorce
Court sends the Acknowledgement back to the Petitioner
The Petitioner applies to the Court for Directions for Trial
The Court will consider the divorce papers and, if satisfied all is in order, will issue an entitlement to a decree
Court pronounces Decree Nisi
6 weeks and 1 day later the Petitioner may apply for Decree Nisi to be made Decree Absolute
Court sends the Decree Absolute
The Divorce is complete
If the divorce is defended, there is an entirely different procedure applies within defended proceedings. This procedure is much more lengthy and costly and in the event of proceedings becoming defended, you should obtain very careful advice about this.