The following must apply to you:
You need to decide who will be the petitioner, and who will respond to the divorce petition.
In addition, you need to decide what reason the petitioner will use in the divorce petition. There are currently five reasons you can choose from:
For more information see: ‘Grounds for divorce: a handy guide.’
A fee of £550 is payable too (this is an administrative fee).
This is a form sent from the court to the respondent to the petition. They need to complete it and send it back. In this form, they confirm they agree to the divorce/ dissolution.
A District Judge will review your petition and either agree or disagree that the ground for divorce/ dissolution has been met. They must be satisfied that the marriage has ‘irretrievably broken down’ such as the petitioner could not reasonably be expected to carry on living with the respondent.
If they agree, a certificate of entitlement to a Decree Nisi will be issued and a ‘Decree Nisi Pronouncement date.’ It is important that this is obtained before financial settlement is reached as a consent order cannot be applied for until Decree Nisi has been pronounced.
Note the whole process of filing the petition and applying for Decree Nisi goes through the one centre at Bury St Edmunds, and can take as long as 3-6 months. Starting the process early is a must therefore to avoid likely delay.
Six weeks and one day after the date for Decree Nisi, the petitioner can apply for Decree Absolute. This should generally only be applied for after financial settlement has been achieved, and an order has been made (hopefully by consent) setting out your financial arrangements going forwards.
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email firstname.lastname@example.org.