The Divorce Process

There is only one ground for divorce, namely irretrievable breakdown. To satisfy the court that there has been an irretrievable breakdown, the petitioner has to show one of the following:

• Adultery
• Unreasonable behaviour
• Desertion (2 years by one party)
• Separation (for a period of two years), where both parties consent to the divorce
• Separation (for a period of five years), where the respondent does not consent

If a divorce is undefended, the process is briefly as follows:

1. The Divorce Petition is issued
2. Respondent files acknowledgment of service
3. Petitioner files Affadavit and request for Decree Nisi
4. A Decree Nisi is issued
5. 6 weeks later a decree absolute can be obtained
6. Total process takes 4 – 6 months
7. Solicitor's costs of £1,000 inclusive of £340 court costs and VAT is acknowledged as reasonable

Defended (rare):

1. Petition issued
2. Respondent files answer to the petition
3. Listed for a Directions Hearing
4. Listed for a Full Hearing
5. Costs in defended cases are likely to be substantial

Premier Divorce, Cheshire

For divorce advice and to find out more about our services please complete our enquiry form. Simply complete the form and we will call you for a preliminary discussion of your situation, for which there will be no charge.  Based in Cheshire, Premier Divorce provide professional legal advice on all aspects of the divorce process.  Alternatively you may call us direct on 01565 632152.