The divorce process explained

The process of obtaining a divorce in England or Wales can be broken down into four separate stages. With Endeavour Law, this process takes 26 weeks on average.

Stage 1: Filing a Divorce Petition

By filing a completed Divorce Petition (also known as a D8 form) with the court, you inform them of your desire to divorce your spouse and the process commences accordingly.

When submitting a divorce petition, it will be necessary to also provide the court with the original or a certified copy of your marriage certificate. If the certificate is not in English, you will also need to obtain a certified translation of this document.

Additionally, you will either need to pay the court fee of £593 either by including a cheque or postal order along with your Divorce Petition or by requesting that the courts call you to take payment via card.

Depending on your circumstances, you may only be required to pay a reduced fee or, alternatively, may be exempt from the fee entirely.

Step 2: The Acknowledgement of Service

Following a Divorce Petition and supporting documents having been submitted to the court, a copy of this document, along with another known as the Acknowledgement of Service (also called a D10 form) will be sent to your spouse. They will then need to complete and return this to the court.

Within this document, your spouse will be able to confirm three things:

  1. That they have received notification of the fact that you have filed for a divorce and a copy of the Divorce Petition.
  2. That they consent to the divorce; and
  3. That they agree with the facts presented within the Divorce Petition.

In the event that your spouse does not complete and return this form to the courts, you may need to hire a process server to serve the documents on them and provide a written statement as proof of them having done so to allow the divorce to progress.

Step 3: Applying for a Decree Nisi

Following step 2 having been finalised, you can apply for your Decree Nisi by completing and submitting the relevant documentation to the court.

A judge will then review your application and, provided there are no problems, will set a pronouncement date for your Decree Nisi. The courts will then inform you of the date on which this has been pronounced.

Step 4: Applying for your Decree Absolute

You can apply to finalise your divorce by filing for your Decree Absolute six weeks and one day after the date on which your Decree Nisi was pronounced.

During this period, it’s strongly recommended that you finalise the formal division of assets via a Consent Order.

Contact Endeavour Law

This process can be complex and mistakes are common. With Endeavour Law, you can get the professional help and advice you need for an affordable, fixed-fee.

Get in touch with us to find out more today.

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