Stage 1 - Application For DivorceTo get a divorce in England and Wales, you need to show that you have been married for more than a year and that the marriage has “irretrievably broken down”. To do this you need to establish that you have grounds for divorce based on one of the following:
Adultery. Your spouse has committed adultery and you find it intolerable to live together.
Unreasonable Behaviour. Your spouse has behaved in such a way that you cannot reasonably be expected to live together.
Two-Year Separation With Consent. You have been separated for 2 years and your spouse agrees to divorce.
Five-Year Separation. You have been separated for 5 years.
Desertion. Your spouse deserted you more than 2 years ago. We strongly recommend that desertion is avoided. If you want to base your divorce on desertion you may require a managed divorce.
Depending on which option you choose, we will provide you with all the necessary documentation and guidance required to complete your Divorce Application quickly, easily, and with a minimum of stress and discomfort.
Stage 2 - Acknowledgement of ServiceOnce your Divorce Petition has been completed and sent to your local County Court, it will be checked by the Courts and issued to your husband/wife.
In legal proceedings, you are known as the Petitioner and your spouse is known as the Respondent.
Along with the Divorce documentation, the Respondent will also be sent instructions on how to complete the Acknowledgement of Service documentation.
Once they have completed this simple document and returned it to the Court, your divorce will then progress to Stage 3…
Stage 3 - Application for Decree NisiIn effect, an application for a Decree Nisi is simply the process of asking the Court to place your Divorce Petition and supporting documentation before a Judge in order for him or her to consider whether to grant your divorce.
After the court receives the application for Decree Nisi we simply wait for the date provided by the court for your Decree Nisi to be pronounced. This is a 'paper exercise' and you do not need to attend court.
Stage 4 - Application for Decree AbsoluteAfter the declaration of your Decree Nisi, you will need to wait a further six weeks and one day, after which you are entitled to apply for a Decree Absolute.
Following submission of this application to the County Court, the Court will then declare your Decree Absolute. This means that your marriage would have been dissolved.
Whichever option you chose the documents are completed for you.