Applying for a divorce

• either party makes an application (petition) - the Petitioner

• the other party is called the Respondent

• Other parties involved are known as Co-respondents

The Petition

Has to establish the marriage has irretrievably broken down in one of five ways

• Adultery by the respondent

• Unreasonable behaviour

• Desertion by the respondent for 2 years or more

• Separation for 2 years and the parties agree

• Separation for 5 years

Other information to go with the Petition

• Copies of the petition for service on the respondent

• Statement of Arrangements for any children of the family (where they will live, contact, schools etc)

• Marriage certificate

• Reconciliation statement (if a solicitor is acting for petitioner)

• Public funding certificate (if applicable)

• Court Fee

Service on the respondent

The following documents are served on the respondent

• The petition

• Statement of arrangements

• Notice of proceedings

• Acknowledgment of Service (questions and answers to be sent back)

• Notice of public funding if applicable

Acknowledgement by the respondent

Indicates

• Whether there is an intention to defend

• Whether agrees with arrangements for children

• Whether agrees to pay costs of divorce

Respondent Agrees:

Affadavit sent to the Court by the Petitioner swearing the accuracy of the Petition

Respondent Disagrees:

Answer required within 29 days - the Court will consider each issue separately - divorce then becomes defended (which is unusual)

District Judge considers if entitled to a decree - if agrees Decree Nisi date is set

After 6 weeks Petitioner can apply for Decree Absolute - Respondent can apply 3 months after the 6 weeks has expired but must do so by Court application