Information about divorce: an introduction

The parties involved

The person beginning the proceedings is called the petitioner and their spouse the respondent.

Grounds for divorce

There is one ground for divorce - the irretrievable breakdown of the marriage proved by one of five facts, which are:

• Adultery.
• Unreasonable behaviour.
• Desertion for two years.
• Two years’ separation and the respondent consents.
• Five years’ separation without consent.

The process

1. Divorce proceedings can be started in any divorce County Court. A £150 fee is payable by the petitioner on issue of proceedings unless you are in receipt of state benefits.
2. Once proceedings have been issued, they are served by the Court on the respondent or his/her solicitors.
3. The respondent has to respond to the proceedings by filing an Acknowledgement of Service and returning it to the Court.
4. The petitioner swears an affidavit in support of his/her petition and the case is set down for hearing.
5. The decree nisi is granted - but no-one need go to Court.
6. Six weeks and one day later the petitioner may apply for the decree absolute. A fee of £30 will need to be paid to the Court.
7. The decree absolute finalises the divorce and ends the former spouse's rights to inherit property from their former spouse. Wills may need to be re-written and rights to pensions will be affected.

Remarrying

It is important not to remarry until financial and property matters have been sorted out - otherwise you may fall into the ‘remarriage trap’ where you lose the right to start financial proceedings against your ex-husband/wife in your own right.

 

This information is designed to be neutral and will be given to everyone to whom it is relevant. It is not designed to replace detailed legal advice tailored to your particular circumstances. It is intended to help you identify some options which may be open to you. It is not for reproduction and may not be used in any other context.