Divorce is
the legal process of ending a marriage, and is carried out by the civil
courts. The procedure begins with a petition and ends with a decree
absolute, which dissolves the marriage. Separate but related issues
arising from divorce that need to be resolved often include practical
arrangements for the care of any children and future financial arrangements
between the couple concerned. Those issues may in practice take precedence
over the actual divorce itself.
Requirements
for a divorce
You must have been married for more than one year before you can start
a petition for divorce.
You must meet one or more of the conditions below to divorce in this
country:
-
You
and your spouse must both have your permanent homes ('domicile')
in England or Wales when the petition is started
-
You
and your spouse must both be living in England or Wales when the
petition is started
-
You
and your spouse must both have had your last home in England or
Wales and one of you must still be living in either of these countries
when the petition is started
-
Your
spouse must be living in England or Wales when the petition is started
-
You
must have been living in England or Wales for at least a year on
the day the petition is started
-
You
must have your permanent home in England or Wales and have been
living in either of these countries for at least six months on the
day the petition is started.
Grounds
for a divorce
You must be able to prove to the court that you have reasons
(or 'grounds') for saying the marriage is at an end. The expression
the court will use is that the marriage has 'irretrievably broken down'.
The court will accept one or more of the following grounds as proof:
-
that
your spouse has committed adultery and that you find it intolerable
to live with them
-
that
your spouse's behaviour has been so bad that you can no longer bear
to live with them
-
that
your spouse deserted you at least two years ago
-
that
you and your spouse have lived apart for two years and they agree
to a divorce
-
that
you and your spouse have lived apart for at least five years.
Where
do I start my divorce petition ?
You can start your divorce by filling in form D8
(the
petition) and taking it to any civil court or to the Principal Registry
in London. There is
a list of all divorce county courts in leaflet D183.
The addresses
and telephone numbers of all civil courts are also listed on the hmcourts-service
website at http://www.hmcourts-service.gov.uk
The Principle
Registry of the Family Division,
Decree Absolute Section,
First Avenue House,
42 – 49 High Holborn,
London
WC1V 6NP
0207 947 7017 / 7016 / 6051).
The County Courts are open Monday to Friday, between 10am and 4pm.
The Principal Registry is open Monday to Friday, between 10am and
4.30pm.
How
much will the divorce cost ?
You
may have to pay a fee for the following:
-
to
start your petition
-
the
document which shows you are divorced, the decree absolute
-
any
applications for financial support or about any children
Leaflet
EX50 lists the most common family
fees. Your financial situation may mean you do not have to pay a fee.
The combined booklet and application form EX160a
provides further information on this. You will have to make a separate
application for each fee that you would otherwise have to pay.
Will
I have to attend a court hearing ?
If you can agree with your spouse about financial support,
property and the arrangements for any children, you may not have to
attend a court hearing at all. You may have to attend a court hearing
if you ask the court to make an order for financial support or cannot
agree about the arrangements for the children.
What
information and documents do I need ?
-
Your own full name and address.
-
Your spouse’s full name and address.
-
A copy of your marriage certificate which is not a photocopy.
-
The names and dates of birth of any living children you have who
are in full time education.
-
The name and address of any person with whom your spouse has committed
adultery, if you wish to name that person in your petition.
You
will have to give a copy your
marriage certificate (which is not a photocopy) to
the court when you start your petition. It will be kept on the court
file. If you were married in England or Wales, you can get a copy from:
the office of the Registrar of Births, Deaths and Marriages for the
district in which you were married. You will have to pay a fee, and
they will tell how much it is. You can also get a copy from either:
The
Registrar General
ONS Southport
Smedley Hydro
Trafalgar Road
Birkdale
Southport PR8 2HH
Tel: 0151 471 4200
You
cannot visit this office. You can only apply by post. There
will be a charge for your copy certificate. The office will
tell you how much it is
|
Office
for National Statistics
Family Records Centre
1 Myddleton Street
London
EC1R 1UW
You
can visit this office. There will be a charge for your copy
certificate. The office will tell you how much it is
|
The
office you go to will want to know:
-
the
date and place of your marriage
-
your
full name
-
the
full name of your spous
Which
forms will I need ?
You will need three copies of form D8
(divorce petition). If you have children you will also need three copies
of form D8a (statement of arrangements
for the children).
One copy of these forms is for you to keep, one copy is for the court,
and one copy is for the court to send to your spouse.
If you are divorcing your spouse because of their adultery with someone
you are naming in your petition, you will also need a copy of the petition
for that person.
If you think you may not have to pay a fee you will need the combined
booklet and application form EX160a
What will happen when I have left the forms with the court ?
You will be sent a form D9H (notice of issue of petition). It will tell
you when the petition was sent to the respondent. It will be a receipt
for your fee (if you have paid one) and will tell you your divorce case
number. It also tells you what to do if the respondent (or any co-respondent)
does not reply to your petition.
The court will post a copy of your petition with form D10 (acknowledgement
of service) to the respondent (with a copy of the proposed arrangements
for any children) and any named co-respondent.
The respondent (and any co-respondent) have eight days to return the
acknowledgement of service. The eight days start on the day after they
receive the petition.
How
will I know when the respondent (and any co-respondent) gets the petition
?
They will return their D10, (acknowledgement of service) to the court.
The court will send you a copy.
What will happen if the respondent (or co-respondent) does not
receive the petition ?
If the address you gave for the respondent (or co-respondent) is wrong,
or they have moved, the Post Office will return the petition and other
forms to the court.
The court will tell you if this happens. They will send you form D9A
(notice of non-service of petition).
If you want to carry on with your divorce you must find out the correct
address (or addresses) and write and let the court know. The court will
post the petition and other forms to the new address.
The time for returning the acknowledgement of service will be longer
if the respondent (or any co-respondent) lives outside England and Wales.
What
will the respondent (or any co-respondent) do when they get the petition?
They may do one of three things:
-
ignore the petition and not bother to return the form D10 to the
court;
-
fill in the form D10 saying that they intend to contest your petition
and /or the court’s jurisdiction and return it to the court;
-
fill in the form D10 saying that they agree with the petition and
return it to the court.
If
form D10 is returned to the court by the respondent, or any co-respondent,
the court will send you a copy.
What
will happen if the respondent (or any co-respondent) ignores the petition
?
When eight days have passed since the petition was sent, you should
get two copies of form D89 (request for bailiff service), from the court.
Fill in the forms D89 and return them to the court. Send them with a
photograph or written description of the respondent (and any co-respondent)
and a fee for each person being served. The court staff will tell you
how much it is.
The county court bailiff will be asked to deliver the petition and other
documents to the respondent (or co-respondent) personally.
What will happen if the respondent (or any co-respondent) contests the
petition ?
The respondent
(or co-respondent) must provide the court with a copy of the defence,
(known as the ‘answer’) within 21 working days after the
time limit for giving notice of intention to defend expires. If you
do not receive a copy of the defence within the above period, you can
apply for 'directions for trial'. The court will be able to help you
calculate the first date on which you may apply for directions for trial.
If the respondent
answers ‘No’ to the question ‘Do you agree with the
statement of the petitioner as to the grounds of jurisdiction set out
in the petition?’, the court will let you know if it is necessary
for you to see the Judge.
What
will happen if the respondent (or any co-respondent)
agrees the petition ?
You
can then ask the court to consider whether you
have grounds for a divorce and if the arrangements you propose for any
children are satisfactory. This
is called applying for 'directions for trial'.
Fill in form
D84 and form D80,
and send or take them to the court office. This is called ‘entering
your case in the special procedure list’.
Affidavit
An affidavit is a statement you must swear is true in front
of a person approved to witness you doing this, such as a solicitor,
an officer of a county court or of the Principal Registry. A solicitor
may make a charge for this.
You must also provide documents which show:
-
that
the respondent (and any co-respondent) have received the petition;
-
that
the respondent (and any named co-respondent) admit to having committed
adultery if this was a ground;
-
that
the respondent consents to a divorce where the grounds are that
you have lived apart for two years;
-
that
the respondent agrees with the arrangements proposed for the children.
In almost
all cases a copy of the form D10 filled in and signed by the respondent
will show all of these things. The form D10 should be exhibited to the
affidavit.
What
will the court do with the forms D84 and D80 ?
Court staff will place the papers with your case file and pass it to
the Judge. The Judge will look at your petition and affidavit of evidence
and decide if you can have a divorce. You will not have to come to court
when this is done. The Judge will also consider the arrangements for
any children by looking at your form D8A
and the respondent’s form D10.
What
will happen if the Judge says I can have a divorce ?
The court will send you and the respondent (and any co-respondent) a
form D84A (certificate of entitlement to a decree). Form D84A will tell
you the time and date when the Judge will grant your divorce. This is
called ‘pronouncing the decree nisi’. There is no need for
you to come to court on that date.
If there are no children of the family, form D84A will come with form
D84B (notice of satisfaction with the arrangements for the children)
which will confirm that there are no children.
A decree nisi is the first of two decrees you must have before you are
finally divorced and free to re-marry.
What
will happen if the Judge says I cannot have a divorce ?
The court will send you form D79 (notice of refusal of Judge’s
certificate). The form will tell you why the Judge has decided your
case is not in order. In most cases, the court will need further information.
You will be told what extra information is needed.
If the Judge feels your case cannot be decided from the written information
supplied, there may have to be a court hearing. This is called ‘removing
your case from the special procedure list and entering it in the undefended
list’. You will have to come to the hearing. The hearing will
take place in court.
Decree nisi
The court will send you and the respondent (and any named co-respondent)
form D29 (decree nisi).
There is a different version of the decree nisi for each of the five
grounds for divorce.
If you asked that the respondent (or any named co-respondent) pay the
cost of your divorce and the court agreed, you will also be sent a form
D61 (order supplementary to decree nisi). A copy will also be sent to
the respondent (and any named co-respondent).
Decree absolute
To apply for your decree absolute you will need to send Form D36
(notice of application
for decree nisi to be made absolute) to the court. If
there are children of the family, check that the court has sent you
a form D84B which says the judge has decided that the decree absolute
need not be held up on account of the children.
You cannot have your decree nisi made absolute if the court sent you
form D66.
The first date you can apply for your decree absolute is six weeks and
one day from the date your decree nisi was pronounced if there are no
children of the family or the court has sent you form D84B.
If the application
for the decree nisi to be made absolute is lodged more than 12 months
after the decree nisi, an explanation in writing must be lodged with
the application for the decree nisi to be made absolute containing the
following information:
-
reasons for the delay
-
a statement as to whether the parties have lived together (including
any dates) since the decree nisi;
-
a statement as to whether any child has been born to the wife and
if they are to be considered a child of the family.
You should check with the
court dealing with the divorce to find out if you will also need to
file an affidavit.
You may have to pay a court fee. If you show that a payment of a court
fee would involve undue hardship to you, the Court Manager may remit
the fee.
If the petioner fails to apply for the decree absolute then the respondent
may apply for the decree absolute three months, six weeks and one
day from the date your decree nisi was pronounced.
Form D36
From your file the
court will check the following.
-
the
court is satisfied with the arrangements proposed for any children
-
that
even if the court is not satisfied, there are no exceptional circumstances
affecting the decree absolute;
-
six
weeks have passed since your decree nisi was pronounced;
-
there
is no other reason why your decree nisi cannot be made absolute.
-
If
everything is in order the court will send you and the respondent
a form D37 (decree absolute).
Form D37 is your final
decree. You are now free to remarry.
