Summary of Divorce Procedure

If the Divorce/judicial separation is not defended, the normal procedure is:

PROCEEDINGS LEGAL TERMS DEFINED

1.

The Applicant’s solicitors submit the Divorce Application to the Court online.

The APPLICANT is the person who is applying for the divorce.

The DIVORCE APPLICATION is the legal document which sets out the reasons for the divorce or judicial separation.

2.

The Court sends the copy Divorce Application and an Acknowledgement of Service form to the Respondent.

The ACKNOWLEDGEMENT OF SERVICE FORM is the official form to complete and sign to show that the Respondent has received the Divorce Application.

The RESPONDENT is the person who is being divorced.

3.

The Respondent (and Co-Respondent) complete answers to the questions on the Acknowledgement of Service form and send it back to the Court.

4.

The Court sends a copy of the Acknowledgement of Service form to the Applicant’s solicitors.

5.

The Applicant’s solicitors prepare the application for Conditional Order (previously Decree Nisi)


6.

The Petitioner’s solicitors send the Statement in Support of Petition to the Court together with Application for Decree Nisi.

The APPLICATION FOR CONDITIONAL ORDER is a form asking the Court to fix a date for Conditional Order.

7.

The Court fixes the date and time of the pronouncement of the Decree Nisi of divorce (or judicial separation). The Court sends out the Notice of the time and date of Decree Nisi to both the Petitioner and the Respondent or to their solicitors.

8.

The Decree Nisi is pronounced. Generally, no attendance is necessary.

9.

Six weeks and one day after the Conditional Order, the Applicant can apply for the Final Order to be made by sending a form to the Court.

If the Applicant delays applying for more than three months after this date, then the Respondent can apply by requesting the Court to fix an appointment to consider the matter. The Applicant can object to this.

The FINAL ORDER is a final decree of divorce. Once it is made, the marriage is at an end and both parties may remarry if they wish to do so. The Final Order is not made by the Court unless one party requests it. There are sometimes good reasons for delaying the application, which you should discuss with your solicitor.

What is included in our fixed fee?

  • Stages 1 – 9 if you are the Applicant.
  • Stages 3 to 9 if you are the Respondent.

What isn’t included in our fixed fee?

  • The Court fee that will need to be paid of £593 (reductions or remissions may be available depending on income).
  • Resolving how assets, debts, pensions and maintenance will be dealt with.

Resolving any issues that have arisen concerning children.

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