Divorce

A straightforward divorce usually takes between 4 and 6 months, but if any complications or disagreements arise then it can take longer. 

The person who applies for a divorce is generally called the “petitioner” and their spouse is called the “Respondent”. The basic steps in obtaining a divorce are as follows:

1. The first step is for the Divorce Petition to be issued at Court.  This is a document which essentially states why you are applying to be divorced.  There is only one ground for divorce, which is the irretrievable breakdown of your marriage, but this is established by proving one of five facts as follows:

   a)	Unreasonable behaviour.  Your spouse must have behaved in such a way that you cannot reasonably be expected to live with them.
   b)	Your spouse has committed adultery and you find it intolerable to live with them.  The adultery must be proven either by admission or by producing evidence that they have had sex with a person of the opposite sex.  Generally it is best not to name the other person in the petition.
   c)	If you have been separated for two years and your spouse consents.
   d)	If you have been separated for five years.  In this case you do not need your spouse’s consent.
   e)	Desertion.  This fact is almost never used as it is very difficult to prove.

A form called a Statement of Arrangement for children should also be filed at Court with the petition if you and your partner have any children.  This form allows you to detail what the arrangements for the children will be. 
You will also need to pay a fee, unless you are eligible for Legal Aid, and file your marriage certificate at court.  If you do not have your original marriage certificate it should be possible to obtain a copy. 

• If the Court is satisfied that you have established that you have grounds for divorce, then the Divorce Petition will be issued by the Court and sent to the Respondent along with an acknowledgement of service. 
  
  
• The Respondent should return the acknowledgment of service to the Court within 7 days, stating within this document that he has received the petition and whether he intends to defend the divorce. 
  
  
• The Court will then send a copy of the acknowledgement of service to the Petitioner who then has to file an affidavit, which is simply a sworn document, at court confirming that the details contained in the petition are correct and that the signature on the acknowledgement of service and on the statement of arrangement for children is that of the Respondent. 
  
  
• If the Court is happy that all the documents are in order then a date will be set for the pronouncement of decree nisi.  This will be done in open court, but you will almost certainly not need to attend and it is rare to do so.  The decree nisi is really a provisional order of divorce and the marriage will not yet be ended at this stage.    
  
  
• It is then possible to apply for decree absolute 6 weeks and 1 day after decree nisi is pronounced.  The Respondent is able to apply for decree absolute after 3 months if you delay doing so, although in fact there may be good reasons for delaying applying for the final order of divorce which your solicitor will discuss with you.  Once decree absolute is granted you are officially divorced.