An overview of the divorce process

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.

Applying for a divorce

• 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

The petition

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

In the event that there are children of the family, the petitioner will complete a Statement of Arrangements for Children to be agreed between the parties, if possible.

Service on the respondent

The following documents are served on the respondent:

• The petition
• Statement of arrangements
• Notice of proceedings
• Acknowledgement of service
• Acknowledgement by the respondent indicates
• Whether there is an intention to defend
• Whether they agree with arrangements for children
• 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 an affidavit is sent to the court by the petitioner swearing 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.

Parsonage & Co is regulated by the Solicitors Regulation Authority in the United Kingdom under practice number 407095.