Windsor Solicitor - Prenuptuals, Wills, Inheritance, Family Law, Employment Law and Civil Litigation

Divorce

We have set out a brief overview of the procedure involved relating to marriage breakdown. Each case however is unique and many different factors can influence the basic procedure. We at Allwyn Sanger Solicitors will keep you informed of each step involved, explain if and why additional steps may be required and keep you appraised of the likely time, cost and further steps required.

Note that we also have a special section on Religious Divorce.

Divorce Petition

A Divorce Petition is the start of the formal process for dissolving a marriage.

The Petitioner – is the person who issues the Petition.
The Respondent – Is the other spouse against who the Petition is issued.

To be able to issue divorce you must:

Have been married for at least one year.
Your marriage must be legally recognised by the English courts (be registered formally by the state or country where you married)
One of the parties must be habitually resident or domiciled in the UK and
The Petition must be on the basis of one of the following grounds:

Adultery
Unreasonable behaviour
2 years separation with consent
Desertion
5 years separation without consent

There is a Court fee of £300.00 to issue the Petition.
You must have the original marriage certificate or a certified copy of it.

Statement of Arrangements for Children

Where there are children born to the parties or either party the court require this form to be completed and it will not proceed with a Petition without it.

The form is required ensure that the children’s welfare has been adequately cared for within these proceedings and the court can either issue a certificate of satisfaction that it is happy with the current arrangements or has an inherent jurisdiction to make whatever order it considers appropriate.

Often where the court has taken the step to raise a concern it is dealt with by a short hearing to give a clearer details of the living and daily care of the children. Please refer to the Children Matters section.

Acknowledgement of Service

This document is sent to the Respondent to acknowledges receipt of the Petition and the Arrangement for the Children, if applicable. The Acknowledgement of Service is in question and answer format. If you wish to defend a petition you would record your intentions to do so on this form and/or Cross Petition if required.

Usually the Respondent has 14 days in which to Acknowledge the petition.

Application for Decree Nisi & Affidavit in Support

Once the Acknowledgement is received the Petitioner can proceed with his or her application. The Petitioner must file an application for Decree Nisi. The application must be accompanied by an Affidavit to swear on oath to confirm that the details given in the Petition are correct.

There is no court fee for the Decree nisi but there is usually a fee to have the affidavit sworn - £7.00

Pronouncement of Decree Nisi

The court sets a date for the hearing of the Nisi but normally it is not necessary to attend this hearing. A certificate stating that the Judge believes that you are entitled to a decree of divorce pronounces this first stage of divorce complete.

At this stage you are still legally married to the Respondent and will remain each others next of kin.

A Will is advisable at the start of a marriage breakdown to ensure that your assets are left to those you would want to benefit and not go automatically to a separated spouse. Please refer to the Wills & Probate section.

Application to the Court for Decree Absolute

You must wait a minimum period of 6 weeks of receiving the Decree Nisi to apply for a Decree Absolute.

There is a Court fee of £30 to apply.

The application for Decree Absolute is normally delayed until distribution of the marriage assets are concluded.

If you are the Respondent you can make the application for Decree Absolute provided more than 3 months have expired since the pronouncement of the Decree Nisi. An ‘on notice’ application must be made and the only real defence to the application would be that to dissolve the marriage would cause the Petitioner grave financial hardship.

Decree Absolute

The Marriage is formally at an end.

If you have an existing Will giving a bequest to a spouse this part of the Will will fail unless it states that it is intended that the bequest is to survive a divorce. You should consider rewriting your Will. Please refer to the Wills & Probate section.

After Decree Absolute either party can remarry should they desire.

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