At Colchester Solicitors Asher Prior Bates our family department like to keep clients informed on the legal processes involved with tricky family matters.  We thought it would be useful to put together a short blog that would help people understand the procedures involved with divorce.  If you have any questions at all, please do not hesitate to call us on 01206 768 331.

Firstly, if you have been married for less than a year it is NOT possible to obtain a divorce for whatever reason.

Contrary to popular belief there is only one ground upon which parties can obtain a divorce – this is the “irretrievable breakdown of marriage” [s.1(1) Matrimonial Causes Act 1973].

The individual seeking a divorce must satisfy this ground of  “irretrievable breakdown” with reliance on one of the factors listed in the s.1(2) of Matrimonial Causes Act:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Separation (2 years with consent or 5 years without consent)

In most cases with the help of a lawyer the individual seeking a divorce will then send to the court their divorce petition setting out details of their marriage, any children and the reasons why their situation meets the “irretrievable breakdown of marriage”.

They will also have to file the marriage certificate, a statement of arrangements for children (if any), and a court fee (currently set at £340 unless the petitioner is exempt from payment).

Once the divorce is issued, the Court serves the respondent by post with copies of the Petition (and any other relevant information) together with an Acknowledgment Form, which the respondent should complete and return to the Court within 14 days.

Sometimes there can be difficulties achieving service by post such as reaching the other party and getting them to fill in forms and sign documents.  It then becomes necessary to take other steps, such as bailiff service, or an application for deemed or substituted service.

Once the respondent has sent back the acknowledgment of service form the individual can then lodge a statement in support known as an Affidavit, asking the Court to consider whether the individual (petitioner) has presented sufficient evidence to prove the irretrievable breakdown of marriage.

If the Court is satisfied a date for pronouncement of Decree Nisi will be fixed. (Please note that the Court will consider the evidence simply on the papers, and the parties in most cases need not attend the Court).  A decree nisi is an interim court order that does not have any force until certain conditions are met, in this case a specified period of time needs to be given.

When this date arrives the Court pronounces Decree Nisi and sends the Decree Nisi to the parties.   Six weeks and one day after Decree Nisi the Petitioner may apply to the Court for Decree Absolute.

This incurs a further court fee (currently set at £45 unless the petitioner is exempt from payment). The Decree Absolute represents the formal ending of the marital relationship.

Do not fear, a good lawyer will guide you through these processes.  For more information please contact Head of our Family Department Michael Hicks, mhicks@apblaw.co.uk  or 01206 768331