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Divorcing in the New Year? – here's a Quick Guide

Solicitor and Managing Director

The Christmas Turkey has been eaten, the strains of “Auld Lang Syne” are just a distant memory and you start to look forward to 2016 and all that it has in store. Sadly it's about this time that some of you may feel that you need to take the first step towards a Divorce.

For most people this is their first Divorce and the process can be confusing.  It helps to know about the various stages before you start.  Hopefully the following might help!

The Christmas Turkey has been eaten, the strains of “Auld Lang Syne” are just a distant memory and you start to look forward to 2016 and all that it has in store. Sadly it's about this time that some of you may feel that you need to take the first step towards a Divorce.

For most people this is their first Divorce and the process can be confusing.  It helps to know about the various stages before you start.  Hopefully the following might help!

  1. To start the process, you complete and file a Divorce Petition, setting out your details,  the details of the Marriage and the reasons why the Marriage has irretrievably broken down, namely either adultery, unreasonable behaviour, separation in excess of 2 years or 5 years or desertion in excess of 2 years.
  2. If you are based in Kent then the Petition is filed in triplicate at the Divorce Centre at Bury St Edmonds with a Court fee (currently £410).
  3. The Petition is issued by the Court (given a Case number) and sent to your spouse with an Acknowledgement of Service form for them to complete and return to Court.
  4. Once the Acknowledgement has been returned you will be sent a copy and you will need to complete a Statement in Support. The Acknowledgement of Service is attached and filed  back at Court with an Application for Decree Nisi.
  5. The Court now considers the Petition and if the Judge is satisfied that you are entitled to a Divorce then they will list pronouncement of the Decree Nisi.  You will receive a Certificate of Entitlement from the Court confirming the date of pronouncement.
  6. There is no need to attend Court (unless there is a dispute about who pays the Divorce costs) and the Judge will simply pronounce the Decree Nisi on this date.  The Court send you a copy in the post.
  7. You then need to wait 6 weeks and 1 day before you can apply for the Decree Absolute. Once the Court receive this application they generate the Decree Absolute and it is sent back to you and also to your (now ex!) spouse.  This means that you are now divorced.
  8. The entire process usually takes between 3 and 6 months depending on how quickly you deal with the paperwork, how quickly your spouse responds and how busy the Court is.

This is, of course, a simplistic guide and applies only to Divorces which are straightforward.  If matters are more complicated by, perhaps, your spouse not dealing with the Acknowledgement form or your spouse deciding to defend the Divorce then this will take longer and you may need the assistance of a Solicitor.  You also need to remember that the financial side of the Marriage needs to be dealt with and, ideally, this should happen prior to the Decree Absolute being pronounced.

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