The Divorce/Dissolution Process

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Jacqueline Emmerson, Senior Partner at Emmersons Solicitors

explains how the divorce/dissolution process works:

Even if a divorce/dissolution is going

to be straightforward I would always

allow at least seven months.

The procedure is as follows: The Petitioner, or

their solicitor, should advise the Respondent that

proceedings are about to be issued. It is considered

bad practice not to do so. The divorce/

dissolution petition is then sent to the court

together with a Statement of Arrangements for

children which sets out where the children will

live and how often they will see their other parent.

The court will send copies of the documents to

The Respondent. They then have fourteen days

to return their Acknowledgement of Service to

the court.

This is when things can slow down. The Respondent

may not be emotionally ready to be divorced

and may ignore the documents. If that is the case

then the court bailiff may be instructed to serve

the documents personally. If the Respondent still

ignores the procedure the court will be asked to

give permission for the matter to proceed without

input from the Respondent.

Sometimes the Respondent may object to the

allegations made against them and may consider

defending the divorce. This would be a very

costly option and one which the courts discourage.

If you accept that a marriage/civil partnership

is over then there is little point in defending

the petition. Why on earth would you want to

go to court and give evidence against each other

in relation to the private life that has been your

marriage or partnership? Imagine the stress and

humiliation of that! Instead ask your solicitor to

draft a short statement stating that whilst you do

not accept the allegations made against you, you

will not defend the petition.

At this stage there is often a dispute as to who

will pay the Petitioners costs. If the Petition is

based upon the Respondent’s adultery or unreasonable

behaviour then the Petitioner is going to

feel aggrieved having to pay court fees and their

own solicitor’s fees. Therefore the court is often

asked to order that the Respondent be ordered

to pay those costs.

Once the Respondent has returned the Acknowledgement

of Service to the court (i.e. their

response to the petition) the Petitioner can then

apply to the court for Decree Nisi. This is the

stage where the judge will confirm whether or

not he/she thinks that you have sufficient grounds

to obtain a divorce/dissolution. The judge will

also make an order in relation to costs and may

request further information about the care of the

children. Once the judge gives the go ahead your

case will be listed with lots of other divorces so

that Decree Nisi can be pronounced.

This is the public bit. If you haven’t informed your

family or friends that you have filed for divorce

you had better tell them now. The local press will

print the list of Decree Nisis pronounced, you are

about to be famous!

Once you have your decree Nisi you have to wait

six weeks and one day before you can apply for

Decree absolute.

A few words of warning: do not book your

next wedding until you have your

Decree Absolute in your hand!

Do not re-marry until you have sorted out

your finances using a solicitor.

Even if you think you have nothing to sort out

seek advice before remarrying.