Divorce Procedure

Divorce/Matrimonial Proceedings

In order to obtain a Matrimonial Order (Divorce) you must have been married for a period of at least one year.

The Application (formerly called the petition) can be issued in any County Court in England and Wales but Ipswich, Colchester and Bury St. Edmunds are our local Courts. An Application for a Civil Partnership Order can only be issued in certain Courts and the Principal Registry in London is our closest.

Grounds

To obtain an Order it must be shown that the marriage has irretrievably broken down by relying on one of the following facts;

The Respondent has committed adultery and the Applicant finds it intolerable to live with the Respondent. The parties cannot have lived together for over six months since the adultery became known to the Applicant unless the adultery is continuing;
The Respondent has behaved in such a way that the Applicant cannot reasonably be expected to live with the Respondent;
The Respondent has deserted the Applicant for two years;
The parties have lived apart for two years and both agree to a Matrimonial Order;T
The parties have lived apart for five years.

Procedure

The following documents have to be sent to the Court:-

1. The Application and copies for service

2. The Statement of Arrangements Form, if there are children of the family. This form includes details of the future plans for the children including living, schooling and maintenance arrangements.

3. The original Marriage Certificate and the Court fee (this is currently £340)

The court will then send out the Application and the relevant documents to the Respondent. The Respondent then has seven days to respond by completing an Acknowledgement of Service Form. Provided that the Respondent does not defend the Application, it is then possible to apply for the Decree Nisi by applying to the Court with a supporting Affidavit (a sworn document).

If a Judge is satisfied that the Applicant has proved the grounds for the divorce a date will be fixed for the pronouncement of the Decree Nisi. The Decree Nisi is the first of two decrees which are required for divorce. Neither party has to attend court for the pronouncement. The final decree is the Decree Absolute.

Timescale

The earliest date the Petitioner may apply for the Decree Absolute is six weeks and one day from the date of Decree Nisi. Only after a further three months is the Respondent permitted to apply for the Decree Absolute. The current fee payable for the Decree Absolute is £45. The application for the Decree Absolute may be delayed until financial matters have been resolved.

Costs

If a Matrimonial Order is obtained on the basis of adultery or unreasonable behaviour the Applicant might be entitled to recover the costs of the proceedings from the responding party. Those costs are often agreed.