Divorce Process
Can You Get Divorced?
First of all, in order to begin Divorce proceedings, you will need to be able to show that you have been married for more than a year and satisfy the Court that the marriage has irretrievably broken down. This can be due to one of the reasons given below:
* 5 Years of Separation;
* 2 Years of Separation and your spouse agrees to Divorce;
* Due to your spouse having committed Adultery;
* Your spouse’s Behaviour is so Unreasonable that you cannot be expected to live together.
* Desertion or abandonment.
What Do You Need to Do Next?
The main stages of the Divorce process are:
* Stage 1 – Divorce Application
* Stage 2 – Decree Nisi
* Stage 3 – Decree Absolute
Stage 1 – Divorce Application
Divorce Petition – In order to begin Divorce proceedings you must complete the Divorce Petition that includes the circumstances and details of the marriage as well as the basis for the Divorce. When completing this stage you become the Petitioner and your spouse, the Respondent.
Statement of Arrangements for Children – If there are children within the family and they require care and/or financial support then this form will also require completion to detail the proposed arrangements for them once the Divorce has been completed.
Acknowledgement of Service – Once the Divorce Petition has been received by the Court it is then checked by them and issued to your spouse who has 7 days to return the Acknowledgement of Service form.
Stage 2 – Decree Nisi
The Decree Nisi is the Penultimate Order of the Divorce and is basically the process of the Court Judge reviewing the documents and ensuring that they have been completed satisfactorily. Once this stage is successfully completed, certificates confirming the Decree Nisi are sent to both parties.
Stage 3 – Decree Absolute
After 6 weeks and 1 day you can apply for the Decree Absolute. Once this application has been received by the Court the Divorce will be declared Absolute and the Divorce process is then completed.
