Divorce

The divorce procedure is a process which takes you from being married to being unmarried. It goes through the court process and begins with a petition for divorce. The Petition is issued by one spouse and is called the Petitioner . We have a fault system for the divorce procedure and therefore you must have a ground for divorce.

You will need to have one of the following grounds:

1. 2 year separation and your spouse must consent to the divorce.
2. 5 year separation. You do not need consent for this ground.
3. Unreasonable behaviour
4. Adultery
5. 2 year desertion.

Once a petition has been issued by the court is it sent to the Respondent (your spouse) and the Respondent needs to complete a form called an acknowledgement of service and return it to the court. This form is sealed by the court and sent to your solicitor or whoever sent the petition for divorce to court.

An affidavit is prepared and the sealed acknowledgement of service is exhibited. This affidavit verifies the person who signed the acknowledgment of service and identifies that persona as the Respondent. It also confirms that the Petition for divorce is true and accurate. This affidavit must be sworn by the Petitioner, and once sworn is sent to the court along with an application for the Decree Nisi.

This application goes before a judge who, if everything is in order, will pronounce the Decree Nisi. Neither the Petitioner nor the Respondent need to attend court.

Once the Decree Nisi has been pronounced, a six week period must pass before the Decree Absolute can be applied for.

Call Breakthrough Family law on 01494 776696 for offices in Chesham, Berkhamsted, Rickmansworth, and High Wycombe.