Ten facts about the
divorce process
of the parties are read out. However,
either party may have to attend if there
is a dispute over who should pay for
the divorce. If matters are contested,
then it may be necessary for the parties
to attend Court. You may have to go to
court on other occasions if you ask the
court to resolve financial issues or you
cannot agree about the arrangements for
the children but these are dealt with as
separate issues.
Does the decree nisi mean that the
marriage has been dissolved?
No, you are still married following the
pronouncement of the decree nisi. The
marriage is only finally dissolved when
the decree is made absolute.
If you are considering separating from your husband or wife there
may be a number of questions that you require answers to and
this blog aims to address some of the most common queries.
Who can instigate divorce
proceedings?
Anyone who has been married for a year
or more can start divorce proceedings
so long as one or the other of you is
‘domiciled’ in England and Wales or
has been resident here during the year
beforehand. 4. That you and your husband or wife
have lived apart for a continuous period
of at least 2 years and your husband or
wife agrees to a divorce.
5. That you and your husband or wife
have been living apart for 5 years or
more whether or not your husband or
wife agrees to the divorce.
What grounds are there for instigating
divorce proceedings?
There is only one ground in England
and Wales and that is the irretrievable
breakdown of the marriage. Are the divorce proceedings public?
Family matters are usually private.
However, the first decree of divorce
known as the decree nisi is announced
in a court room to which the public and
the press are allowed access. The press
is able to publish the fact that a divorce
has been pronounced. The information
that it may disclose is however very
limited.
How do I prove that the marriage has
irretrievably broken down?
By relying on one of five facts:
1. That your husband or wife has
committed adultery and you find it
intolerable to live with him/her
2. That your husband or wife has
behaved in such a way that you cannot
reasonably be expected to live with him/
her
3. That your husband or wife has
deserted you for a continuous period of
at least 2 years.
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Is there a Court fee?
There is a fee of £550 unless you qualify
for fee remission/exemption.
Will I have to go to court?
If matters are uncontested, then nobody
needs to attend when the decree nisi is
pronounced: normally, only the names
When can the decree nisi be made
absolute?
As the Petitioner you can generally apply
for the decree absolute by sending a
form to the Court six weeks and one day
after the date of the decree nisi. If you
do not apply for the decree to be made
absolute then your husband or wife
can apply for the decree absolute three
months after the first date upon which
you could have made an application.
How long will it take?
You should allow 6-8 months. There can
sometimes be delays at the Court even
if everyone else involved deals with each
step quickly
Does the divorce resolve the financial
matters?
In short no. The divorce activates your
financial claims and these will need to
be resolved either by filing a Financial
Consent Order if matters can be agreed
or by issuing Court proceedings.
You may wish to obtain some advice
about the breakdown of your marriage
and we have family law specialists
available who can provide legal advice
and dispute resolution services, including
family mediation. If you would wish
to speak with one of our Family Law
Specialists, please do contact our
friendly team.
By Frances Newbury