Divorce  proceedings



Divorce in this country is still 'fault-based'.

Someone who wants to bring Divorce proceedings is called 'the Petitioner'.  The person against whom proceedings are brought is called 'the Respondent'.

The Petitioner has to allege one of 5 'facts' in order to launch divorce proceedings.  They are:

  1. Adultery by the Respondent

  2. Behaviour on the part of the Respondent which the Petitioner cannot be expected to tolerate

  3. Desertion (must be for a least 2 years)

  4. Living apart for at least 2 years (the Respondent has to consent to the proceedings)

  5. Living apart for 5 years.
    6.  

Most divorce proceedings are undefended.  These proceedings can generally go through the courts fairly quickly unless problems arise.  There are court fees involved.

A straight forward case follows (with no children involved) the following course:

  1. Petition issued and served by the Court

  2. Respondent replies to the Petition

  3. Petitioner swears an affidavit (sworn document) in support of the Petition and sends it to the Court

  4. A District Judge issues a certificate saying that the Petitioner is entitled to Decree Nisi

  5. Decree Nisi pronounced in Open Court

  6. 6 weeks (+1 day) later the Petitioner can apply for Decree Absolute.
    7.  

Being divorced does not necessarily mean that everything else has been resolved.  Issues often arise over children and money. These are the issue that can be the cause of delays and expense.

It is wise to choose a solicitor who will not act like a Gladiator.  This generally leads to more expense and acrimony.