Timetable

1. After one year of marriage, either spouse may start the divorce. He or she is referred to as the “Petitioner”. The petition is completed and then sent to the Court together with the original marriage certificate.


2. The Court sends a copy of the petition to the other spouse referred to as the “Respondent”. A copy of the petition is also sent to anyone named in the petition based on adultery.


3. From the date the documents are received the Respondent has time limits to observe.
   - Within 8 days the Respondent must send to the Court a form called an “Acknowledgement of Service” which accompanied the petition.
   - Within 29 days of receipt, whether or not the Acknowledgement has been filed, the Respondent must file a Defence (called an “Answer”) if she/he intends to do so.


4. Within a few days of receiving the Acknowledgement of Service form the Respondent (and Co-Respondent). The Court sends to the Petitioner’s solicitors a copy of the form(s) of acknowledgement of service.


5. If the Respondent is not defending the petition, the Petitioner can apply for the Decree Nisi to be pronounced. The Petitioner’s solicitor prepares an Affidavit for the Petitioner to swear confirming that the contents of the petition are true. The Petitioner will swear the Affidavit before a solicitor or Court Official and it will then be sent to the Court with the request for a date for the first decree of divorce (“Decree Nisi”) to be pronounced.


6. If Acknowledgement of Service is not returned to the Court, proof that the Respondent, and any named Co-Respondent, have received the petition will have to be obtained before the Petitioner can take the next step. This may involve arranging for someone to deliver the petition to the Respondent and any named Co-Respondent personally, or exceptionally, obtaining a Court Order that proof does not need to be given that the Respondent and Co-Respondent have received the petition. This is called “dispensing with service”.


7. On receipt by the Court of the application for a
   date for pronouncement of the Decree Nisi and Affidavit the District Judge looks through the papers, and if they are in order, gives a certificate for the Decree Nisi to be pronounced. Both the Petitioner and the 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 do not have to attend Court.


8. 6 weeks and 1 day after the date of 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 be available as quickly as the same day. A fee of £45.00 is payable unless the Petitioner is legally aided or on income support.
   
   3 months after the Petitioner could first have applied for Decree Absolute the Respondent may apply for the Decree Absolute if the Petitioner has not already done so.