Application For Divorce

If you thought that starting a divorce, will end up with you in the witness box answering questions from a solicitor, forget it. Almost every divorce case is undefended, with very few cases ending up in court. Every stage of the divorce process is handled by forms which are to sent to the courts when required.

You can get divorced by completing a form called a petition and taking it to any county court.

To start your petition for divorce, you must have been married for more than one year. You or your husband or wife must be living in England or Wales when the petition is started and you must be able to give reasons, to the court as to why the marriage is at an end.

The courts will accept one of the following reasons:

• Adultery - that your husband or wife has committed adultery and that you find it intolerable to live with him or her.
• Unreasonable behaviour - that your husband or wife's behaviour has been so bad that you can no longer bear to live with them.
• Two year separation with consent - that you and your husband or wife have lived apart for at least two years and he or she agrees to a divorce.
• Five year separation without consent - that you and your husband or wife have lived apart for at least five years.

Acknowledgement of Service

After the divorce petition has been sent to the county court, a copy will be posted to your husband or wife with, a form called an "acknowledgement of service".

On receipt of the divorce petition by the county court a, "notice of issue of petition" will be sent to you. This will confirm the date the petition was sent and the divorce case number.

Your husband or wife must complete and return the acknowledgement of service to the county court within 8 days, commencing the day after the form is received. When the acknowledgement of service is received by the court, a copy will be issued to you.

Application for Decree Nisi

Once you receive the acknowledgement of service, you must apply to the courts, to consider whether you have grounds for a divorce. This is called "applying for directions for trial".

To apply for "directions for trial" is very easy. You will need to complete a form called an "application for directions for trial" and a form called an "affidavit of evidence".

These forms are then submitted to the county court along with a copy of the acknowledgement of service. This is called "entering your case in the special procedure list".

The judge will then look at your petition and affidavit of evidence and decide whether you can get divorced. You do not have to attend court when this is done.

When the judge agrees to the divorce, the court will send you a form called certificate of entitlement to a decree. This will tell you the time and the date the judge will grant your divorce. This is called "pronouncing the decree nisi". There is no need for you to come to court on that date.

Application for Decree Absolute

Your decree nisi is not your final decree. Once you receive your decree nisi, you have to wait six weeks and one day, from the date your decree nisi was pronounced, before you can apply for your decree absolute.

Applying for your decree absolute is again very simple. You will need to complete a "notice of application for decree nisi to be absolute", and submit it to the court.

The court then check that all the relevant documentation is present and send you, your decree absolute.

The decree absolute is your final decree. You are now legally divorced.