There is only one ground for divorce in England and Wales which is the irretrievable breakdown of the marriage.
The breakdown needs to be proved by reliance upon one of the following five grounds:
Filing for a divorce can be done by either party after 12 months of marriage providing that one or both parties have been a resident of England or Wales for the whole of the preceding year.
Overview of procedure undefended divorce
The Petitioner is the person requesting the divorce and who starts the legal process. The Respondent is the recipient of the divorce paperwork.
A divorce petition is the actual document which seeks a divorce.
With the change to the law following the introduction of the Children & Families Act 2014 on 22 April 2014, it is no longer necessary for a Statement of Arrangements for Children to be filed.
Starting Proceedings – a brief overview
The Petition is sent to the Respondent initially for agreement and thereafter to Court, by the Petitioner.
The Respondent then receives the paperwork in the post and responds on the Acknowledgement of Service document which the Court supplies. This is then returned to the Court and sent on to the Petitioner.
Assuming that the divorce is not being defended, the Petitioner signs a statement of truth in support of the divorce petition confirming that the facts are true and asks the Court to list the matter for what is known as Decree Nisi. Literally Nisi means ‘unless’. The Court then checks that the rules have been complied with and lists the matter for the Decree Nisi to be pronounced. Generally unless there are any issues in relation to who is paying the costs no one attends the pronouncement of the Decree Nisi.
Six weeks and one day later it is possible for the Petitioner to ask for the final stage of the divorce the Decree Absolute.
There are many different things to consider when you separate, not least of which is in relation to any children you may have but also in terms of resolving your financial circumstances. The divorce itself does not sort this out for you and we would advise that you talk to one of our solicitors about your specific circumstances.
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