Going Through A Divorce

The divorce process starts with the completion of a form known as the ‘petition for divorce.’ The form is also known as the D8 form. The three parts must be completed by the court, yourself and your ex partner. To file for divorce you must be married for at least one year.

You can get the forms required for a divorce from or the HM Court Service official website. When the forms are completed they need returning to the Principle Registry of the Family Division in London or any divorce county court.

The court will only agree to a divorce when the judge agrees that your marriage is at a complete end or ‘irretrievably broken down.’ The court will also agree to a divorce if you have been separated for two years and both agree to a divorce or if you have been separated for five years and one party wishes to divorce.

When the form is submitted then you will have officially began divorce proceedings. The person who filed the forms is known as the petitioner and the other party is known as the respondent. When you have filed the forms you will need to then make copies of your marriage certificate and details of all your children (if you have children).

Next the court will send a copy to your estranged partner and any co respondents named in your divorce petition. Your husband or wife then has eight days to acknowledge that they have received the forms. They then have eight days in which to respond before a court bailiff visits them.

Next you must obtain the Decree Nisi which is granted when the judge has reviewed all of the papers and id happy that there are solid grounds for divorce.

The last stage of getting a divorce is where you obtain your Decree Absolute. This can be obtained exactly six weeks and one day after the Decree Nisi is issued. When you receive the Decree Absolute you are no longer classed as married and free to remarry.

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