The Main Stages Of The Divorce Procedure – Divorce Process

The divorce rate in the UK has risen in recent years, with approximately 100,000 couples deciding to end their marriages in 2019. There are many reasons why marriages break down, including bad behaviour (by one or both partners), and various other circumstances. Marriages also end due to unpredictable and stressful life circumstances – the loss of a job or the illness or death of a child, for example – while, for some couples, they simply feel they have reached ‘the natural end’ in their relationship. The divorce process may include discussions on spousal support, also known as alimony.

Whatever the reason for the breakdown of the relationship, ending a marriage in divorce is a stressful and emotional time, particularly if the separation has been acrimonious or if children are involved. However, it’s important to understand the legal divorce process from the outset to ensure that all financial and practical arrangements are resolved fairly. In some cases, prenuptial agreements can streamline the divorce process by addressing key issues in advance.

The Five Stages Of The Divorce Process

Because marriage is a legal arrangement between two people, all divorces must observe five stages to formally end it:

1) Application For Divorce 

For divorce process or proceedings to commence, one partner (the Applicant) must send an application for  Divorce to the court. There is only one ground for divorce in England and Wales: irretrievable breakdown of the marriage (section 1(1), MCA 1973). The court cannot rule that the marriage has broken down irretrievably unless the Applicant establishes one of the five facts specified in section 1(2), MCA 1973:

• Adultery.
• Unreasonable behaviour.
• Desertion.
• Two years separation with the consent of the respondent.
• Five years separation (no consent required).

2) Response

A copy of the application for divorce will be sent to the other partner (the Respondent) with an Acknowledgement of Service form which must be signed and returned within seven days, stating if they wish to allow the divorce to proceed.

The Respondent will need to state whether they agree with the reasons for the divorce and who should be responsible for costs.

3) Application For Decree Nisi

Next, the Applicant will apply for a Decree Nisi, the first decree in the proceedings.

The court will consider the documentation, including a statement from the Applicant confirming the validity of the application, and will issue a Certificate of Entitlement to a Decree Nisi. This will state a date for the pronouncement of the Decree Nisi.

4) Decree Nisi And Cost Order

Both partners will be issued with a court order which states the Decree Nisi has been pronounced. The court may also issue a Costs Order that stipulates who should meet the costs of the divorce. The divorce process can vary in length, depending on the complexity of the case and the willingness of both parties to cooperate.

At this stage, the divorce is not formalised. The Decree Absolute can be requested by the Applicant six weeks and one day after the pronouncement of the Decree Nisi.

5) Decree Absolute

The issuing of the Decree Absolute is the final stage in the process and marks the point at which the marriage will be dissolved. 

Your former spouse may still have a claim on your assets, income, or future inheritance, even though the marriage has been formally ended.

To protect yourself from future claims, a clean break Consent Order may be necessary, but it is advisable to ensure that all financial issues are settled prior to applying for the Decree Absolute.

What Is The Length Of The Divorce Process?

As a rule of thumb, it can take between four and six months for the Decree Absolute to be issued from the lodging of the application for divorce. The process may take longer if there are outstanding financial matters to be resolved, e.g. a shared mortgage.  Emotional support and counseling can be valuable resources for individuals going through the divorce process.

It is in both parties’ interest to reach an agreement on financial issues, particularly the settlement of money or other assets, such as property or cars. Agreeing a fair and proportionate division of assets can be a challenge, so engaging with an expert divorce and family solicitor can ensure that your interests are represented to obtain the fairest agreement possible before the Decree Absolute is issued. The divorce process can vary in length, depending on the complexity of the case and the willingness of both parties to cooperate.

Contact Us For More Information

To find out more about our empathic and sensitive legal service for couples considering divorce, get in touch with Astle Paterson on 01283 531366 or email enquiries@astlepaterson.co.uk.

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