The proceedings

Once the Court has issued the divorce documentation, a copy of the petition will be sent to the respondent.

The respondent should complete and return an acknowledgement of service form. Thereafter, so long as the proceedings are undefended, the petitioner can apply to the Court to progress the divorce.

Usually neither party needs to physically attend Court. If there are any issues to be clarified, the Court may write to the parties requesting further information or may ask them to attend for a short appointment.

Once the Court is satisfied that there are sufficient grounds for divorce, a date will be fixed for the pronouncement of decree nisi.

The petitioner will be able to apply for the divorce to be finalised (decree absolute) after a period of 6 weeks and 1 day after decree nisi. In the event that the petitioner does not make an application to finalise the divorce, the respondent can make their own application after a further 3 month period.

Often, the petitioner will not apply for decree absolute until financial matters are agreed or approved by the Court. This is because if the divorce has been finalised before the finances are resolved and one party dies, then potentially the surviving spouse will no longer be entitled to benefits they would have been entitled to had they remained married, such as a spouse's pension.

For anything further, one of our specialists would be delighted to meet you to talk through your options and answer any questions. Please contact us at any time.