To prepare a Divorce Petition your lawyer will need your original marriage certificate or a certified copy from the Central Register Office. A Divorce petition is based on the irretrievable breakdown of a marriage supported by one of the following five facts:
- Adultery
- Unreasonable Behaviour
- Desertion
- Two years separation with consent
- Five years separation
The Divorce Petition is issued at Court together with:
- The original marriage certificate
- A certificate regarding reconciliation
- A Statements of Arrangements for the Children of the Family
- The lawyers Notice of Acting
- A court fee of £340.00
Once the Divorce Petition has been issued copies of all the relevant documents above will be sent to the Respondent. The Respondent must file an Acknowledgement of Service form with the court within 7 days of receiving the papers.
If the Petition is not defended, the Petitioner files a sworn Affidavit confirming the truth of the Petition and asks the court to make the first pronouncement.
The court will set a date for the first pronouncement, called Decree Nisi. Neither party has to attend court. If no objection is raised and if the court is satisfied that the Petitioner is entitled to a Decree, the Decree Nisi certificate will be issued. This is not the final Decree and the parties are still married at this stage.
The Petitioner can apply for the Decree Nisi to be made Absolute 6 weeks and 1 day after the Decree Nisi. There is a further court fee of £45.00 to be paid. The parties are now formally divorced.
It is always advisable to have important legal documents drafted by an experienced lawyer. At Prince Evans we can advise you and guide you
through this process and prepare skilfully drafted documents reflecting your instructions and requirements. Please contact Elizabeth Kornat for further information.
This material does not give a full statement of the Law. It is intended for guidance only and is not a substitute for individual professional advice. Prince Evans can accept no responsibility for loss occasioned as a result of any person acting or refraining from acting.
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