How Does The Divorce Procedure Work?

If you are filing for divorce or reviewing your marital status, then you will need a good divorce lawyer who will explain what your options are. If you are married and looking to either separate from or divorce your spouse, then you have a number of alternatives.
Informal separation agreement where you and your spouse agree to live apart and agree how to organise the finances. This is suitable for an amicable split, without the immediate need for divorce proceedings.
Judicial separation this is an agreement via the courts and is employed where one or both parties object to divorce.
Divorce where the marriage is legally ended by a court order, taking into consideration finances and any child issues.
Filing for divorce is a six step process in the UK. A divorce lawyer will take the following steps:
Documentation
We will need to see your marriage certificate, inform your spouse and prepare the Court documentation. You must consider your options regarding children if you have them, and the disposal of marital assets.
Issue/Petition
Papers will then be served on the Respondent, ie the person who is being divorced. The person who has initiated divorce proceedings is the Petitioner. If the Court is happy with the documentation, it will move to proceed with the issue, and present the papers to the Respondent.
Acknowledgement of Service
The Acknowledgement of Service needs no response if the divorce is uncontested. However, if the Respondent does not co-operate then there is need for further action.
Application for Trial
After the Court receives the Acknowledgement of Service, the Petitioner makes an Application for Directions for Trial.
Grant of Decree Nisi
The Court will then issue a date for the Decree Nisi to be issued.
Decree Absolute
6 weeks and 1 day after the issuing of the Decree Nisi a Decree Absolute can be applied for which ends the marriage.
When you need a solution in the event of a divorce, Harrison Clark will work on your behalf, dealing with all legal issues that arise from a divorce. These include:
Child care
Maintenance
Custody
Division of assets.
Our expert lawyers will guide you through the process of divorce and all relevant issues that arise when filing for divorce, using jargon-free language to ensure that you are fully aware of what is happening.
Divorce law can be a complex business, with court proceedings, consent orders and other related topics often causing confusion. We keep you informed and up-to-date on all divorce proceedings, from the initial divorce, issues covering the matrimonial home and what maintenance is paid to both parties.