In order to obtain a Divorce, you must have been married for a period of at least one year.
The Application (formerly called the petition) has to be issued in any County Court in a divorce unit, and the unit covering the South East of England is based in Bury st Edmund’s.
To obtain an Order for divorce, it must be shown that the marriage has irretrievably broken down by relying on one of the following facts;
The following documents have to be sent to the Court:-
1. The Application and a Divorce petition copy for service
2. The original Marriage Certificate, or a certified copy and the Court fee (this is currently £550)
The court will then send out the Petition to the Respondent. The Respondent then has seven days to respond by completing an Acknowledgement of Service Form. Provided that the Respondent does not defend the Application, it is then possible to apply for the Decree Nisi by applying to the Court with a statement of truth.
If the court is satisfied that the Petitioner has proved the grounds for the divorce a date will be fixed for the pronouncement of the Decree Nisi. The Decree Nisi is the first of two decrees which are required for divorce. Neither party has to attend court for the pronouncement. The final decree is the Decree Absolute.
Some people may think that they can do this themselves, but there are risks that you should be aware of. These include getting the grounds wrong, or failing to deal with finances on divorce.
The earliest date the Petitioner may apply for the Decree Absolute is six weeks and one day from the date of Decree Nisi. Only after a further three months is the Respondent permitted to apply for the Decree Absolute and has to apply to the court for a hearing, whereas the petitioner’s Application is on paper only. The application for the Decree Absolute may be delayed until financial matters have been resolved.
If a Divorce is obtained on the basis of adultery or unreasonable behaviour the Petitioner might be entitled to recover the costs of the proceedings from the responding party. Those costs are often agreed.
At Gotelee Solicitors we are able to provide you with a quote for a fixed price divorce.
Contact one of our specialist Divorce Solicitors to help you with your divorce.
"“ This is the second time we have used Tracey for the conveyancing to buy our new home. She is always completely approachable, she has helped us along the way with advice and useful tips that has helped lessen the stress. We have complete confidence in her and would not hesitate to recommend her to our friends and family”. - Peter Dawes, Cater Dawes Financial Planning "
"Jade made the process of buying our first home quick, easy and took the stress out of a new chapter of our lives"
"We found Rachel Dawson outstanding, polite, professional and caring."
"We were very pleased to have Jade as our solicitor, the service was excellent and we felt kept in the loop which minimised stress"
"Domini was very fast and efficient in carrying out her work for me - she was also very good at explaining things to me"
"Prompt, helpful, polite and very professional service"
"I don't think this house sale would have pulled together without Jo's determination and expertise. Excellent!"
"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."
"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."
- Ros Jones
"I have used Tracey Laflin at Gotelee on a number of occasions and in my opinion, she is simply the most efficient conveyancing solicitor I have ever worked with. From the outset, she took the time to understand my specific business requirements and to date, she has exceeded all of my expectations."
- Dale Fiddy - Portobello Developments Ltd