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Relationship
Disputes

Divorce Process

As long as your spouse does not defend the divorce, you can obtain a divorce by completing a number of documents, without any need to attend Court.

The main steps are as follows:

1) Petition

The divorce process is started by one party filing a petition at Court who then becomes the “Petitioner”.  The divorce petition includes details for you and your spouse as well as the fact you are relying on to prove that the marriage has broken down irretrievably.  The Court will then “issue” your petition and post it to your spouse, who will become the “Respondent”.  

2) Acknowledgement

The next step is for the Respondent to acknowledge the petition by completing an Acknowledgement of Service form sent to them by the Court. The Acknowledgement of Service asks the Respondent whether they intend to defend the divorce.

3) Decree Nisi

Provided your spouse does not defend the divorce, you will then need to complete a statement to confirm your original divorce petition and send this to Court with an Application for the decree nisi, which is the interim stage of the divorce.

The Judge will look at the papers to ensure that they are content for the divorce to be granted.  If so, they will set a date for the decree nisi to be pronounced in Court.  It will not generally be necessary for you to attend at Court.

4) Decree Absolute

To finalise the divorce, you will need to apply for the decree nisi to be made absolute which you can do six weeks and one day after the decree nisi has been pronounced.  Depending upon your financial circumstances we may advise you to wait until the financial arrangements have been concluded.

Once the decree absolute is granted you will officially be divorced.

We understand that this process may seem daunting but we will prepare all of the necessary documents and keep you fully updated during the process.

  • Richard Kerry
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