Steps to follow
- Do you wish to petition for divorce/civil partnership dissolution on the basis of adultery, unreasonable behaviour, separation or desertion?
- If separation, have you been separated for 2 or 5 years?
- If 2 years separation, does your spouse/civil partner consent to the divorce?
- Your original marriage/civil partnership certificate will need to be filed with the court together with the divorce/civil partnership dissolution petition (plus copies) and the court fee.
- Are there children of the family? If so you will need to file a form called a statement of arrangements for the children.
- Your spouse/civil partner will be served with a copy of the petition and a notice of issue of proceedings (plus the statement of arrangements for children if applicable. They must then return a form of acknowledgment of service.
- You may then apply for the decree nisi (or dissolution order). The decree absolute or final dissolution order may only be applied for 6 weeks after the date of pronouncement of the first decree/order. There are financial consequences which need to be considered before you apply for the final decree/order.
- If your spouse/civil partner fails to file the acknowledgement of service form, the proceedings will be more complex.
What to watch out for
- Filing for divorce/civil partnership dissolution does not mean that the court will automatically deal with financial issues arising from your relationship. A separate financial application must be sent to the court. It is important to obtain expert advice on financial issues before proceeding.
- A contested divorce/civil partnership dissolution involves complex procedures and hearings at court.
- If you can’t agree arrangements for your children, take advice and/or see if your spouse/civil partner would be willing to attend mediation sessions with you.
Solicitor’s top tip
Obtaining the final divorce/civil partnership decree/order has important consequences. It may limit any financial provision you may seek from your former spouse/civil partner in the future and affects property ownership/occupation and provision in the event of death whether by will or intestacy.
Useful links
Free advice
The Site
HM Courts Service
Relate
Divorce Aid
Inside Divorce
Wife’s Gone
Deed Poll
Online services
Quickie Divorce
The Law Practice
London Family Lawyer
Managed Divorce
Divorce Online
Divorce.co.uk
About Divorce
Useful articles
Preparing for a divorce
Dividing property on divorce
Divorce or nullity? Is there a marriage?
Grounds for divorce
Overview of marriage
Living together wisely
Introduction to child custody
Defences to divorce
Crown Prosecution Service
