If you are going through a separation and considering a divorce, it might be helpful to know what the procedure is from start to finish. Our expert family lawyers can assist you on all aspects of your divorce, and could offer a fixed fee for the work, taking out the hassle and uncertainty from the divorce process.
Divorce Procedure (Undefended)
- Complete the divorce petition and send it to the court, along with your original marriage certificate and a court issue fee of £550*. You may qualify for a fee remission or exemption if you are on a low income, which could reduce the amount you pay for the court fee. Our family lawyers can discuss this with you in more detail. You will be known as the Petitioner.
- The Court will send the petition to your spouse, who will be known as the Respondent.
- The Respondent will then be required to file an acknowledgement of service, informing the court that they have received the petition and reviewed it, and indicating whether or not they intend to defend the divorce.
- The Court will send the signed acknowledgement of service to the Petitioner, letting you know that this step has been completed.
- The Petitioner will be required to file a statement in support of the petition, as well as an application for Decree Nisi.
- The divorce petition will go before a District Judge who will consider the grounds relied upon. If appropriate, the petition will then be listed for the pronouncement of Decree Nisi.
- Decree Nisi will be pronounced in court. It is unusual that parties would be required to attend this (unless there is a dispute about the costs).
- 6 weeks and a day after Decree Nisi has been pronounced, the Petitioner can apply for Decree Absolute.
- If this application is granted, the Decree Absolute is issued. This ends the marriage.
Of course there are always factors which might affect the above, such as if the original marriage certificate is not in your possession or requires translation, or if the Respondent spouse does not co-operate with the process. In these instances, the costs are likely to exceed the fixed fee amount. Our experienced family lawyers are able to provide advice should any complications arise, and keep you updated on unexpected additional costs throughout. We will not carry out any additional work without first speaking to you.
To speak to one of our family lawyers about starting a divorce, or for any other advice, call us on 033 03001103.
*correct at the time of writing, court fees can change.