1. Do you have grounds for divorce?
You must have been married to your husband or wife for at least a year before you can file for a divorce. You must also decide on what grounds you are going to file for divorce. Learn more about this step with our article on Grounds for Divorce.
2. Starting Divorce Proceedings
To file for a divorce you must send an application to a County Court. You’re required to fill in a D8 divorce petition form which must include your name and address, your spouse’s name and address, as well as an official copy of your marriage certificate. On this form, you must also state the grounds for divorce and if you want the court to decide how any shared property or finances should be split. As the petitioner, you must pay a fee of £550.
3. Responding to a divorce petition
If a divorce petition has been filed against you, as the respondent, you usually have 8 days to reply to the petition. If you don’t respond within the given period, the divorce can often go ahead anyway. To respond you must complete and send to the court an acknowledgement of service form in which you can either agree or disagree to the divorce.
- If you agree to the divorce, return the acknowledgement of service form and the divorce will go ahead.
- If you disagree with the divorce you have 21 days to explain why you are defending it, known as ‘giving an answer’. Fill in and return an answer to a divorce petition form. You will usually have to pay £245 in court fees.
If you filed for divorce and your petition is defended, or if both you and your spouse file for divorce, there will usually be a court hearing which you will have to attend. The court will try to arrange an agreement over the divorce.
When you’re defending a divorce petition or your petition is being defended, you should contact a divorce solicitor immediately. The process can become complicated and so an experienced, legal professional will be able to guide you through the necessary steps and explain how the law works.
4. Applying for a Decree Nisi
Decree nisi is the document that shows the court has found no reason why you can’t get divorced. To get decree nisi pronounced, you must fill in and return the application form to the court. If the judge agrees that you can get divorced, both you and your spouse will receive a certificate with the date from which your decree nisi begins.
You can still apply for decree nisi if your husband or wife is defending the divorce but you will have to attend a court hearing before it will be granted. In the decree nisi form, you must request a case management hearing and will have to pay a further £50 in court fees.
If a judge rejects your application, you may have to reapply with more information or go to another hearing. The rejection certificate will tell you what to do next.
5. Applying for Decree Absolute
Once decree nisi is granted, you must wait 6 weeks before you can finally end the marriage. This is called applying for decree absolute. To do so, fill in the decree absolute form and send it to the court. The fee for this part of the process is included in the initial petition fee.
You must make sure you wait no longer than 12 months once you have been granted decree nisi to apply for decree absolute, or you might have to explain the delay. If your wife or husband began the divorce proceedings but has not applied for divorce absolute, you can apply instead after an additional 3 months.
Childcare and finance arrangements
If you have children with your spouse you must work out their childcare arrangements as well as any child maintenance payments. You must both also decide how you want to split your money and possessions. If you can’t agree, or if you want to make these arrangements legally binding, it is vital that you contact a solicitor. If you want the court to decide, you must say so in form D8.