To get a divorce you must prove to the Court that your marriage has irretrievably broken down on the basis of one of the following:

• Adultery
• Behaviour
• Two Years Separation with Consent
• Desertion for 2 Years
• Five Years Separation

Step 1: Prepare The Divorce Petition

You need to decide who will send the petition to court. This person will be the Applicant and the spouse being divorced will be the respondent. The Applicant will prepare the petition and if possible agree the documents with your spouse.

Step 2: Send Papers To The Court

Three copies of the papers are sent to court with the court fee (currently £550). You may not have to pay all of the court fee if you are on certain benefits or a low income. Form EX160A provides details with an application form.

Step 3: Acknowlegement of Service Sent To The Petioner

The court will send the petition to the respondent with a form called the “acknowledgement of service.” You, or your solicitor if you have one, will be notified of this by the court.

Step 4: Respondent Returns The Papers To The Court

Repondent must then complete the Acknowledgement of Service Form, sign it, and send it back to the Court. If your spouse does not return the form you will need to arrange for the papers to be formally served on him or her. The Applicant cannot personally serve a divorce petition on the respondent.

Step 5: The Court Proceedure Begins

When your spouse returns the Acknowledgment Of Service to the Court, they will state on the form whether or not they intend to defend the divorce. If your spouse answers yes to that question then the divorce will proceed as a defended divorce and the procedure is different from below. Talk to Sarah or David about how to proceed with a defended divorce.

Step 6: The Judge Examines The Petition

TThe court will send you a copy of the acknowledgment of service and you can then apply for a decree nisi. When you send in your application for a decree nisi the District Judge will look at the petition and decide whether you have proved your case for a divorce. If the Judge is satisfied then he will grant a Certificate which means that you will be granted a decree nisi. The Court will fix a date on which the decree nisi will be made by the District Judge.

You won’t need to attend court unless you want to speak to the District Judge about costs; in which case you need to be sure you comply with the court rules for letting the court and the other person know that you are going to do that. The decree nisi is not the final step. After a specific period of time, which depends on whether you are the Applicant or the respondent, you can apply for the decree nisi to be made absolute.