Procedure for Divorce
You can apply for a divorce either individually or together with your spouse, depending on your situation and level of cooperation.
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Procedure for Divorce
You can apply for a divorce either individually or together with your spouse, depending on
your situation and level of cooperation.
Apply for a divorce on your own
You may submit a sole divorce application if any of the following apply:
- your husband or wife does not agree to the divorce
- you believe your spouse will not cooperate or respond to court notices
When applying on your own, you will be required to confirm your intention to continue with the
divorce at each stage of the process to ensure the application progresses.
Making a joint application with your husband
A joint divorce application can be made if both of the following conditions are met:
- both spouses agree that the marriage should end
- there is no risk of domestic abuse
You and your spouse must choose whether to apply online or by post, and both parties must
use the same method. At each stage of the divorce process, you will both need to confirm that
you wish to proceed.
If, at any point, your husband or wife stops engaging with the process, you will be able to
continue the divorce as a sole applicant.
Steps for Divorce proceedings
Step 1: Divorce Petition
The process begins when the petitioner, or their legal representative, files the divorce petition
with the appropriate court. The court then issues a case number and formally acknowledges
receipt of the application. The respondent (the other spouse) is served with the divorce papers
along with an Acknowledgment of Service form.
Step 2: Response to Divorce Petition
The respondent is required to respond within 20 days by completing and returning the
Acknowledgment of Service form. This response confirms whether they agree to the divorce or
intend to dispute it.
Step 3: Applying for Conditional Order or Decree Nisi
If the respondent agrees to the divorce, the petitioner can apply for a Conditional Order
(previously known as Decree Nisi). Supporting statements may be required depending on the
circumstances of the case.
If the divorce is contested, the matter may proceed to a court hearing, where a judge will decide
whether the Conditional Order should be granted.
Step 4: Order from the Divorce Court
Once the Conditional Order or Decree Nisi is granted, the court confirms that there is no legal
reason preventing the divorce from proceeding. However, the marriage does not legally end at
this stage. The divorce only becomes final once a Final Order (Decree Absolute) is issued.
Step 5: Applying for Final Order or Decree Absolute
After 6 weeks and 1 day from the date of the Conditional Order, the petitioner may apply for the
Final Order (formerly Decree Absolute). It is strongly recommended that financial arrangements
are resolved before applying.
Once the Final Order is granted, the divorce is legally completed, and both parties are no longer
married.
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