Timetable for a divorce

Although the time a divorce can take will vary very much on the attitude and cooperation of the petitioner and the respondent, the legal timetable is firm and divorces can be achieved reasonably quickly if both parties are not in dispute.

The following eight stages of a divorce follow strict timetables:

In brief:

1. Appoint your solicitor and start divorce proceedings - only permissible after at least one year of marriage
   
2. Court receives petition - one to two weeks later the petition is sent to respondent
   
3. Response of Respondent - within 14 days must acknowledge service and within 28 days file any defence
   
4. Court receives ‘Acknowledgement of Service’ - immediately acknowledged to petitioner
   
5. If the Respondent is not defending the petition, the Petitioner can apply for a certificate of Entitlement to a decree
6. Court receives Decree Nisi - if the papers are in order a judge will give a date for the Decree Nisi
   
7. Arrangements for children
8. Decree Absolute - after six weeks and one day after the Degree Nisi, the petitioner may apply for the decree absolute
   

In detail

1. Appoint solicitor and start divorce proceedings
   After one year of marriage either spouse may start the divorce provided that one of the five reasons apply. The person who starts the divorce is called ‘the Petitioner’ and the other party to the divorce is called ‘the Respondent’. The divorce petition and statement of arrangements about any children are completed and sent to court with the marriage certificate and the requisite Court fee of £300 or an application for exemption from the usual court fee.
2. Court receives petition
   Within one to two weeks, the court will send a copy of the petition and arrangements for the children to the Respondent. A copy of the petition is also sent to anyone named in the adultery petition.
3. Response of Respondent
       a) Within 14 Days – the Respondent should send to Court a form called ‘Acknowledgement of Service’. The form asks the Respondent whether they intend to defend the petition, whether any claim for costs is
       disputed and whether orders affecting any children are sought.
       b) Within 28 of receipt (longer if the documents have been sent abroad) – whether or not the Respondent has returned the ‘Acknowledgement of Service’, the Respondent must, if they intend to defend the petition, file a ‘Defence’ (called an Answer). The petition then becomes defended and the procedure outlined below does not apply. Defended divorce proceedings resulting in a fully contested hearing are very rare, but will inevitably cause a delay in proceedings.
       c) If the Respondent does not return the ‘Acknowledgement of Service’ – then proof that the Respondent and any named Co-Respondent have received the petition will have to be obtained before any further steps are taken. This may involve arranging for someone to deliver the petition to the Respondent and Co-Respondent personally, or more rarely by obtaining a Court order that proof that the Respondent and Co-Respondent received the petition is not needed. In some cases, namely a divorce based upon two years separation, no further progress can be made unless and until the Respondent returns the acknowledgement form consenting to the divorce. Personal service of the petition would not therefore assist in this type of case.
4. Court receives ‘Acknowledgement of Service’
   The Court will send a copy of the form(s) of ‘Acknowledgement Service’ to the Petitioner’s solicitor.
5. If the Respondent is not defending the petition, the Petitioner can apply for a certificate of Entitlement to a decree
   The Petitioner’s solicitor prepares an Affidavit for the Petitioner to swear confirming that the contents of the petition are true. It will also state whether the circumstances (including those relating to any children) have changed since the filing of the petition. The Petitioner will swear the Affidavit before a solicitor or Court Official and it will then be sent to the Court with a request for a date for the first decree of divorce (Decree Nisi) to be pronounced.
6. Court receives Decree Nisi
   The District Judge looks through the papers and, if they seem in order, will give a certificate for the Decree Nisi to be pronounced. Both the Petitioner and Respondent (through their solicitors) are then advised of the date fixed for the Decree Nisi. Depending on the Court’s diary, the date is likely to be a few weeks after the application is lodged. The couple will not have to attend court.
7. Arrangements for children
   If both parties have made an agreement regarding their children then the District Judge is unlikely to interfere. If an agreement concerning the children has not been reached, then the District Judge may ask the Petitioner and Respondent (accompanied by their solicitors if necessary or appropriate) to attend an informal appointment to discuss a solution. The District Judge may also ask for a Court Welfare Officer to become involved. If a solution cannot be reached, this will delay the application for the final decree of the divorce.
8. Decree Absolute
       a) 6 weeks and 1 day after the date of the Decree Nisi the Petitioner may apply for the final decree (Decree Absolute) by sending the appropriate form to the Court. This step is not automatic. This Decree will be processed and may even be available on the same day. There is usually a Court fee of £40 to be paid upon applying for decree absolute although we will advise you as to whether you may be exempt from paying the fee.
       b) If more than 3 months after the Petitioner could first have applied for Decree Absolute has passed, the Respondent may apply for the Decree Absolute if the Petitioner has not already done so.
   

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