As divorce lawyers, we have put together a simplified overview of the divorce process to help you understand the different stages. Please contact Parsonage & Co for more information.
• Either party makes an application (petition) - the petitioner
• The other party is called the respondent
• In adultery petitions, other parties are known as co-respondents
This has to establish that the marriage has irretrievably broken down in one of five ways.
• Adultery by the respondent
• Unreasonable behaviour on the part of the respondent
• Separation for 2 years (both parties consent)
• Separation for 5 years (without consent)
• Desertion by the respondent for 7 years
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The following documents are served on the respondent:
• The petition
• Notice of proceedings
• Acknowledgement of service
• Acknowledgement by the respondent indicates
• Whether there is an intention to defend
• Whether they agree to pay costs
If the respondent disagrees an answer is required and the court will consider each issue separately and the matter becomes a contested court issue.
If the Respondent agrees a statement is sent to the court by the Petitioner affirming the accuracy of the Petition. A district judge will consider entitlement to a decree - if accepted then a date is fixed for pronouncement of the Decree Nisi.
After 6 weeks and a day of the date of the Decree Nisi, the petitioner can apply for a Decree Absolute. The respondent can apply up to 3 months after the 6 weeks has expired but must do so by court application.
For guidance with legal terminology, please consult our glossary. Parsonage & Co is authorised and regulated by the Solicitors Regulation Authority in the United Kingdom under practice number 407095.