Divorce Procedure

BASIC OVERVIEW
This page deals with Undefended "Special Procedure" Divorces. Over 95% of divorces are dealt with in this way. There are five separate stages as follows:

ISSUE PROCEEDINGS
A Divorce Petition, Statement of Arrangements, and other documents are prepared and filed at Court.

ACKNOWLEDGEMENT OF SERVICE
The court sends the papers to the other party "Respondent" who has to complete an Acknowledge-ment of Service form and return it to the court.

DIRECTIONS FOR TRIAL
The Petitioner completes Directions for Trial form and an Affidavit in Support and files them at Court.

DECREE NISI
A Judge will then consider the papers and if satisfied will pronounce a Decree Nisi.

DECREE ABSOLUTE
This is the final divorce order, and can be applied for by the Petitioner six weeks and a day after the pronouncement of the Decree Nisi.

THE PETITION
The issue of a PETITION starts the divorce. This will be in a standard form and will need to contain the particulars required by the rules. If the form is followed it is relatively easy to draft the petition. The main points to bear in mind are these:

• The date and place of the marriage need to be shown exactly as they are in the marriage certificate (which needs to be lodged at the court with the divorce petition
• Many of the questions in the divorce can be answered by striking out the word "except" at the end of the paragraph
• Details must be given of the children of the marriage who are the children of both of you or children who have been treated as children of both of you. They cease to be children of the family after they reach the age of 17 or, if later, leave full time education or training. When describing the children in the petition state each child's full name and date of birth e.g.
• There are no children of the family now living except
• John Smith who was born on the date of 19
• Jane Smith who was born on the date of 19
• After the statement that the marriage has broken down irretrievably set out the ground upon which you rely and in the next section give a short statement of facts explaining the basis of your divorce.
• Do not strike out the claims for financial relief in the prayer at the end of the petition. You cannot have the claims dismissed in order to achieve a Clean Break unless the prayer is left intact although the claims on behalf of the children should be struck out of there are no children.

THE STATEMENT OF ARRANGEMENTS

THE STATEMENTS OF ARRANGEMENTS FOR CHILDREN will need to be completed if there are children. Answer the questions carefully and fully. The court will not make an order in respect of the children unless it believes that an order is necessary. The information must be given to enable a decision to be taken on that point. The Statement is your proposal. If the Respondent disagrees there will be a chance for a counter-proposal to be made.

ISSUE OF PROCEEDINGS
You will need to send or take the following to the court to start divorce proceedings:

1. The divorce petition and one copy for the court to send to the Respondent.
If you have named the co-respondent in an adultery case the court will need a further copy of the divorce petition to serve on that party. In general terms do not name the co-respondent. They have to be served and will often not acknowledge service. You then have to pay to have the court bailiff serve them personally. It is a waste of time and money
2. The Statement of Arrangements and one copy for service
3. Your marriage certificate or, if you cannot get it, a certified copy from the registry office where your marriage was registered.
4. The court fee – if you cannot afford this ask the court about the application for fee exemption or remission and complete the form which you are given.

ACKNOWLEDGEMENT OF SERVICE
The court will send a copy of your petition and statement of arrangements to the other side with a form by which service of the petition can be acknowledged. In the form there is space for admission of adultery or behaviour, confirmation of consent to divorce, agreement or disagreement with the statement of arrangements and various other matters. The Respondent should send back the form, within 14 days of receiving the petition, to the court office who will send a photocopy to you with the court seal on it.

DIRECTIONS FOR TRIAL
If there is no objection to the divorce you can supply the court with evidence in support of your petition. Complete the AFFIDAVIT IN SUPPORT, which the court will send to you with the Acknowledgement of Service form. Attach to it a photocopy of the acknowledgement.

You then need to arrange for the Affidavit to be signed and sworn. This only takes a few minutes but it must be done in front of either a local solicitor (who will charge you about £7.00) or at the local court office before an officer of the court (free of charge)

As well as the affidavit you will need to complete and sign another form entitled REQUEST FOR DIRECTIONS FOR TRIAL (SPECIAL PROCEDURE). Do not be put off by the reference to trial. The District Judge will consider your entitlement to a divorce on the basis of the Petition, the Affidavit and, occasionally, further information or affidavit evidence which might be requested to clear up any worries or doubts which the Judge has. The request for directions is therefore your request that the Judge looks at the facts of your case to decide if you are entitled to a divorce.