Divorce Procedure
Every divorce must start with one of the parties issuing what is called the Divorce Petition. The Family Procedure Rules 1991 set out the list of information to be contained in this petition and in practice there is a standard form to enable the party who will be the Petitioner, to enter all the necessary information.
The information needed includes:
- Names of the parties and the date and place of marriage. This information should be copied directly from the marriage certificate to avoid mistakes.
- The last address where the parties lived as husband and wife and their current addresses and occupations.
- The ground on which it is believed the Court has jurisdiction to deal with the matter.
- Information about any children in the family, more specifically about those under the age of 18.
- Information about any other Court proceedings relating to the marriage or children in the family. This includes any cases started outside England and Wales. Additionally, any information as to whether any action has been taken through the CSA.
- Statement that the marriage has broken down irretrievably, along with the fact relied upon which is the basis of the divorce and the particulars proving the fact.
- The Petition then ends with a ‘Prayer’ requesting dissolution of the marriage, any claim for ancillary relief and a claim for costs if necessary.
Alongside the Divorce Petition it is necessary to provide the Court with the following additional documents:
1) Statement of Arrangements for Children – this is a standard form used when there are children of the family. This gives their details and information such as their living arrangements, maintenance, education and proposed contact. The Court will then consider these arrangements as they are required to do under s.41 of the Matrimonial Causes Act 1973. It is best to try and agree the Statement of Arrangements with the Respondent, however it will not stop the Petition if they don’t.
2) Marriage Certificate – The original certificate must be sent to the Court. If it is in a foreign language, then it is necessary for an authenticated translation to be obtained.
3) Certificate relating to Reconciliation – This is necessary where a Solicitor is acting for the Petitioner. The Solicitor must file this where it states whether or not he has discussed with the Petitioner the possibility of reconciliation.
4) Family Mediation and Assessment Form – Under recent changes in the law it is now also necessary for the Petitioner to complete this form which states whether or not the parties have attended mediation and if not why not.
Once these documents are sent to the Court along with the Court fee, the Court will issue the documents to the Respondent at the address provided in the Petition. The Court will also include instructions to the Respondent as to what he must do next.
At this stage the Respondent will need to complete the Acknowledgement of Service. This is a form with a series of straightforward questions which the Respondent must answer. The purpose of these questions is to reveal the following information:
i) Proof of Service.
ii) Whether the Respondent intends to defend the petition. However it should be noted that it is not binding and the Respondent can change his mind later.
iii) Whether they are in agreement with the Statement of Arrangements for Children. Again the Respondent is not bound by their reply.
iv) Whether they consent to a Decree of Divorce being issued. Where consent is needed for the fact relied upon, the Respondent’s signature on the Acknowledgement of Service is considered the consent required.
Once the Court receives this form, they will forward it to the Petitioner. At this stage the Petitioner must then swear or affirm an Affidavit in Support. This is again a question and answer form dealing with the following:
a) Confirming that the contents of the petition is true and that no amendments or alterations are required.
b) Whether or not the parties have lived together since the date of the particulars stated in the petition.
c) Confirming that the contents of the Statement of Arrangements for Children is true.
d) Identify the signature of the Respondent on the Acknowledgement of Service and Statement of Arrangements for Children.
An application for Directions for Trial is then made by the Petitioner. In most cases the Judge will then set the matter down for the ‘Special Procedure’, which is actually the general procedure now used.
The Judge will consider the papers received and if satisfied that the case has been proven he will fix a date for the Decree Nisi to be read out in open Court. An order for costs will be made if the Petitioner requested it. Notice of the date for Decree Nisi will be sent out to notify the parties. Neither party need attend on the day.
Generally the final stage will be for the Petitioner to apply for Decree Absolute 6 weeks and 1 day after the date of the pronouncement of the Decree Nisi. Once the application and fee are sent to the Court the Decree Absolute will be granted provided that the following points are satisfied:
- That there is no appeal relating to the Decree Nisi.
- That the provision enabling the Respondent’s financial position to be considered does not apply.
- That there is no direction to delay the Decree due to considerations relating to the children of the family.
The Decree Absolute is then granted and sent to both parties. At that stage the marriage is now dissolved and the Divorce procedure is complete.
This article courtesy of divorce solicitors in London