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Question

How do I get a divorce?

Answer

A Divorce Petition needs to be drafted and sent to Court, this petition includes details of the parties, the marriage and confirmation of your rationale for seeking a divorce.

Tozers can draft the Divorce Petition for you, and following your agreement, we can send it to the court along with your original marriage certificate and the Court’s fee which is currently £550. Filing of this petition begins the court process in which your spouse will need to be involved.

Starting the Divorce process

To apply for a divorce, you must have been married for at least one year and your relationship must have permanently broken down. A Divorce Petition needs to be drafted and send to Court, this petition includes details of the parties, the marriage and confirmation of your rationale for seeking a divorce. There are 5 reasons for filing for divorce as follows;

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Two years separation with consent
  • Five years separation without consent

How we can help with your divorce

Tozers can draft the Divorce Petition for you, and following your agreement, we can send the Divorce Petition to the court along with your original marriage certificate and the Court’s fee which is currently £550.

Navigating the court divorce process

A copy of the Petition will be sent to your spouse who must return a form attached known as an Acknowledgement of Service. An Acknowledgment of Service is a form that proves to the Court that your spouse (the respondent) has received your documents.

Once sent by your spouse the Acknowledgment of Service form will be sent to us and we will then be able to prepare your Statement in Support (previously known as an affidavit) of the Petition which will be sent to the Court in order to apply for the Decree Nisi.

A Decree Nisi confirms that you are entitled to seek a divorce, ultimately that you have met all the procedural and legal requirements to obtain a divorce, and are therefore, entitled to bring the marriage to an end.

You will receive, through us, a Certificate of Entitlement to Decree Nisi which will supply a date the Decree Nisi will be produced. There is no need for you to attend the hearing. Once pronounced by the court the Decree Nisi will set a date your marriage will officially end, unless a good reason not to grant the divorce is produced.

Once we have received the Decree Nisi you must wait for six weeks and one day before you can apply for the Decree Absolute. You may wish to do this straight away; however, we may advise you not to do this until financial issues have been resolved.

Either party can apply for Decree Absolute, in order for your spouse to apply they will need to wait an additional three months to apply and will need to pay a fee to do so. Once you have received the Decree Absolute the process is complete.

Steps to take after your divorce is finalised

  • It is very important that you keep the original Decree Absolute document safe, as you will need it in the future, for example you will need to produce it if you plan to remarry.
  • We would recommend you keep some certified photocopies of the document too.
  • We will suggest at the appropriate time, that you consider making a new Will and have colleagues to whom we can refer you to do this.

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