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guide to divorce - divorce procedure

In divorce proceedings you are know as the Petitioner and your husband or wife are know as the Respondent. If you are divorcing your husband or wife due to adulterous behaviour the person named in your petition is know as the Co-respondent.

Petitioner

If you and your husband or wife have any children the petitioner prepares the Statement of Arrangements for Children and sends it to the respondent asking him/her to sign it.

Respondent

The respondent reads and signs the Statement of Arrangements for Children and sends it back to the petitioner.

Petitioner

The petitioner then applies for divorce and sends the divorce petition and the statement of arrangements for children to the court.

Court

The court checks the papers, issues the file with a number, prepares a notice of proceedings and an acknowledgement of service form and sends them to the respondent (and one to the co-respondent if there is one).

Respondent

The respondent (and co-respondent) complete the answers to the questions on the acknowledgement of service and send it back to the court.

Court

The court sends the petitioner a copy of the completed acknowledgement of service form.

Petitioner

The petitioner prepares an affidavit in support of the petition for the petitioner to swear. He/she then files this at court with the request for directions for trial.

Court

The district judge reads the file and, if satisfied, gives a certificate of entitlement of decree nisi and a certificate in respect of the children. Both parties are notified of the date fixed for the pronouncement of the decree nisi.
Decree nisi is pronounced. No attendance is generally necessary. A copy is sent to both parties.

Petitioner

Six weeks and one day after the decree nisi the petitioner can apply for the decree absolute, by sending a form to the court plus a fee.

Respondent

If the petitioner does not apply, the respondent can make an application, on notice, three months after the six week period has elapsed.

Court

The court checks the file and issues the decree absolute, sending a copy to both parties.

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