LAWLINCS : Procedures

To obtain a Decree of Divorce it will probably not be necessary for either the Petitioner or the Respondent to attend at Court The procedure involves submitting documents to the Court. Documents that may be needed include:

Statement of arrangement for children (if any)
Divorce Petition
Application for Direction for Trial
Affidavit
Application for Decree Absolute

although other documents may be necessary in particular cases.

These are the steps involved:

Legal Services Commisssion

HMCS

Sarah Regan

Jo Atkin

Julie Langley

Petitioner	Prepares statement of Arrangements for Children and tries to get Respondent to countersign it to confirm agreement as to arrangements made.
Respondent	Countersigns Statement of Arrangements and sends it back to Petitioner
Petitioner	Prepares Petition and sends it together with Statement of Arrangements and Marriage Certificate to Court
Court	Sends copy documents to Respondent with Questionnaire called 'Acknowledgement of Service'
Respondant	Fills in Acknowledgement of Service and returns it to Court
Court	Sends copy Acknowledgement of Service signed by the Respondent to the Petitioner
Petitioner	Prepared Affidavit (sworn Statement) setting out all the evidence and confirming the details in the Statement of Arrangements for children, swears it as true, and sends it and the application for Directions for Trial in to the Court
Court	District Judge considers the Affidavit sworn by Petitioner and (in most cases) gives his Certificate that the Petitioner is entitled to a Decree of Divorce AND decides whether it is necessary for the Court to make an Order about the children
Court	When the District Judge is next in Court he gives the Decree Nisi of Divorce
Petitioner	Six weeks after the Decree Nisi applies for Decree Absolute (provided the position of the children has been settled)
Court	Grants Decree Absolute and sends a copy to Petitioner and Respondent

Although it isn't necessary for the respondent to countersign the statement of arrangements for
children, it is good practice for this to be done.

The Petition has to contain pieces of information, so it is a good idea to consult a Solicitor to
make sure that your Petition is not rejected because of a technicality. Remember, although
you can get the documents from a County Court Office, and the staff there will be helpful,
THEY CAN NOT ADVISE YOU about your case - so it would be sensible to consult a Solicitor
about YOUR Divorce.