How do you get divorced?

The legal process to getting a divorce is straight forward.
It is a 6 step process.

Step 1

• An application (petition) is made to a divorce centre by one spouse (the petitioner) to the marriage.

Step 2

• A Notice of Proceedings is then sent to the other spouse (the respondent) with an Acknowledgement of Service by the divorce centre. That allows the other spouse to say whether or not they agree to the divorce.

Step 3

If the other spouse agrees, they respond to the divorce centre in writing by filing in the Acknowledgment of Service form and returning this to the divorce centre.

Step 4

• A judge will look at the divorce application and decide if all the legal requirements have been fulfilled entitling the spouse applying for the divorce to a divorce. If is is satisfied that all the legal requirements have been met the divorce centre will issue a decree nisi.

Step 5

• Six weeks and one day later, the spouse applying for the divorce can apply for the Decree Absolute. However, there may be legal reasons why the spousing applying for the divorce may wish to delay the application for the decree absolute.

Step 6

Once the decree absolute is pronounced the divorce is complete. However, the decree absolute does not terminate the financial claims the (ex) spouses have against each other.

You may be able to arrange your own divorce if you:

• Agree on the reasons for your divorce.
• Agree on child arrangements.

If there are possessions or financial assets or there is a possibility there could be financial assets in the future (such as an inheritance, a windfall (ie lottery win) or the start and growth of a business or a pension) it is strongly recommended that a solicitor is consulted to advise on how to divide (if applicable) and terminate any future financial claims either may have in respect of the dissolved marriage.

Book a chat or meeting with me if you would like to discuss your situation

Sarah Hull – Divorce Architect – May 2019

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