Divorce and the Legal Process

In order to obtain a Divorce or Dissolution, a legal process needs to be followed. This blog outlines the process and the key stages you need to be aware of.

To get a Divorce in England and Wales you need to prove that you have been married for more than one year. Reasons for wishing to Divorce should be for one of the following reasons:

  • Adultery – your spouse has had an affair
  • Unreasonable behaviour – your spouse has behaved in such a way, where you cannot be expected to live together
  • Your spouse has deserted you for the past two years
  • You have been living apart for the past two years and you both want a Divorce
  • You have lived apart for the past five years

Stages of Divorce

Petition - The Divorce starts by one person who lodges a petition to the court. The document includes details of the marriage, names, and addresses, dates of birth of any children and the ground for Divorce. This petition is stamped by the court and then sent to the spouse (respondent).

Acknowledgment of Service – When your spouse receives the petition they must fill in a form to say they have received it, this is an Acknowledgment of Service. If they agree to the Divorce, then they must accept it. If they do not agree, this will be a defended Divorce.

Decree Nisi – The court will check the Divorce papers and if they agree to them, then they will issue a Decree Nisi. A Degree Nisi means that the court have agreed that the reasons for Divorce have been proved.

Decree Absolute – Six weeks after the Decree Nisi has been granted, you can then apply for the decree to become absolute (final). This brings the marriage to an end.

To find out more about how we can help with any queries regarding Divorce and Family Law please visit  http://www.lambandholmes.com/private-client-services/family-law or alternatively please contact our Corby office on 01536 745 168.

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