Divorce and Separation
Center for Advice
Email: info@dasca.org.uk
Divorce and Separation
Centre for Advice
Just because you have a decree absolute and you completely divorced does not mean that this also applies to responsibilities as a parent nor does it end your financial responsibilities to your ex-partner.
To begin the divorce process you will need to file a petition from via the court, in this form you will need to declare your reasons for wanting to get divorced. The document will also ask for information children your care or in the care of your spouse. This is a standard form and there is a fee for filing this application. This form can be completed by yourself or via your solicitor. Once this application has been made you will be referred to as the petitioner and your spouse will be known as the respondent.
There are other documents required when filing for a divorce, but they will be needed at a later stage to make the process official,
Once the petition has been filed, it will be sent to your spouse, upon receipt they will have to file an ‘acknowledgement of service’ which basically means they have received and read the form. On this form they will also advise the court if they contest the divorce, this is sometimes also referred as opposing the divorce.
Your application will be reviewed by a district court judge, and if it has been unopposed or not contested, then you will be granted a decree nisi, you do not have to attend this process.
Once the application for decree nisi has been agreed by both parties, then you will need to complete a formal statement answering a few questions and this will complete the first step in the process.
The decree nisi is known as the first step
Six weeks after being granted the decree nisi, you can apply for a decree absolute, which means your divorce is final and has legally ended. On receipt of your decree absolute you can remarry. It would be unwise to make any future plans to wed without this document.
These matters will still need to be addressed in court, until a financial order has been agreed. This is where the court will look at your and your partner’s finances and make a ruling as to how you both can make a new start with the same amount finances. Obviously the parent with whom the children reside will be factored in this calculation.
If your petition for divorce is contested or defended then you can still apply for a decree nisi but will have to go to court hearing to discuss the case
