Divorce advice

There are four stages to the divorce procedure that couples need to go through when obtaining a divorce:

Stage 1 – application for divorce
Before you can get divorced in England and Wales you need to have been married for more than one year. You must be able to prove to the court that you have reasons (or 'grounds') for saying the marriage is at an end. The expression the court uses is that the marriage has 'irretrievably broken down'.

The court will accept one or more of the following grounds as proof:

Adultery – that your spouse has committed adultery and that you find it intolerable to live with him or her;

Unreasonable Behaviour – that your spouse’s behaviour has been so bad that you cannot reasonably be expected to live together

Two-Year Separation with Consent – you have been separated for two years and your spouse agrees to divorce

Desertion – your spouse deserted you at least two years ago

Five-Year Separation – you and your spouse have lived apart for at least five years

Stage 2 – acknowledgement of Service
Once your Divorce Petition has been completed and sent to your local County Court, it will be checked by the Courts and issued to your spouse.

In legal proceedings, you are known as the Petitioner and your spouse is known as the Respondent.

Along with the divorce forms and divorce procedures, the Respondent will also be sent instructions on how to complete the Acknowledgment of Service documentation.
Once they have completed this document they need to return it to the Court within 28 days.

Stage 3 – application for Decree Nisi
The application for a Decree Nisi is the process of asking the Court to place your Divorce Petition and supporting documentation before a Judge in order for him or her to consider whether to grant your divorce.

Stage 4 – application for Decree Absolute
After the declaration of your Decree Nisi, you will need to wait a further six weeks and one day, after which you are entitled to apply for a Decree Absolute.

Following submission of this application to the County Court, the Court will then declare your Decree Absolute. This means that your marriage has been dissolved.