The Divorce Process

Divorce Process

Divorce Process

The process of becoming divorced usually begins with a form known as the 'D8' or 'petition for divorce' form being completed. The form is made up of three parts and must be completed by you, your partner and the court. To be allowed to file for divorce you must have been married for a minimum of one year.

You can obtain a divorce petition from the HM Court service website or direct from your solicitor. When the form is completed it should be returned to the principle registry of the family division or to your local family court.

The court will only let you divorce if the judge is in agreement that your marriage is at a complete end or 'irretrievably broken.' The court will also permit a divorce when the couple have been separated for two years and both wish to divorce or if you have been separated for five years and only one party wishes to divorce.

When you have submitted the form you will have officially began divorce proceedings. The person who filed the forms is known as the petitioner and the other party is known as the respondent. When you have filed the for you will need to then make copies of your marriage certificate and details of all your children (if you have them)

The court then sends a copy to your estranged partner and any co respondents named in your divorce petition. Your husband or wife then has eight days to acknowledge that they have received the forms. They then have eight days in which to respond before a court bailiff visits them.

The next step towards getting divorced is to be granted a decree nisi, this is usually given when the judge has looked over the divorce papers and agreed that there are good reasons for the divorce.

The final stage of the divorce process is obtaining the decree absolute. This can be applied for six months and one day after the decree nisi is obtained. When you receive your decree absolute you are officially no longer married and able to remarry if you wish.

by: Clare Westwood

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