Our Simple Divorce Package

A divorce can be a very difficult and expensive experience, but we can assist you in bringing your marriage to a conclusion with the minimum of cost and trouble.

Our simple divorce package is suitable for couples who seek an amicable settlement and just wish to move on with their lives. If there are any unresolved issues in relation to property, finances or children then this package will not be appropriate, and you should seek our additional advice.

Assuming there are no disagreements, it may be cost effective for you to conduct the divorce proceedings yourselves, with our assistance in the initial stages. This package includes all documentation required to issue proceedings at court and take you to the final stage of the proceedings, the pronouncement of a Decree Absolute.

The divorce process

Initially, you must have been married to your spouse for at least one year prior to commencing divorce proceedings. We would suggest that you issue proceedings in your nearest, appropriate county court. (eg: Croydon or Bromley)

There is only one ground for divorce in England and Wales and that is irretrievable breakdown. Listed under this ground are five facts:

(a) Adultery
(b) Behaviour
(c) Two years separation with consent
(d) Desertion
(e) Five years separation

Depending upon your circumstances, the divorce will proceed on one of the above five facts. We will discuss with you at your initial appointment the appropriate fact upon which to pursue your divorce. The documentation enclosed in this folder is relevant to all these facts.

What needs to done

You will find attached a form providing detailed notes on how to complete the divorce petition. The petition is quite straightforward and, with the assistance of the guidance notes, you should have no difficulties.

If there are children of your marriage, step-children, or adopted children, it will be necessary for you to file a further form called a “Statement of Arrangements for Children” with the court, along with the divorce petition. You must complete details in relation to each child in each section of the form, providing full information as to the names, dates of birth, education, where they live, current contact arrangements etc.

Thirdly there is a Notice of Acting in Person. This form confirms to the court that you intend to act for yourself within the divorce proceedings. This you should just complete with your own and your spouse’s full name at the top and your full name after the words “TAKE NOTICE”. Sign and date the form at the bottom, next to the word “Petitioner”.

Once you are satisfied that the papers have been completed correctly and in full, ( the court will reject any application which contains errors), send the divorce petition, The Statement of Arrangements for Children, (both in triplicate), the Notice of Acting in Person, the court fee of £300 and your marriage certificate to the court with a covering letter. (The cheque should be made payable to HM Courts Service.)

It is possible, but not easy, to pursue a divorce if you do not know where your spouse is currently living. Should it be the case that you simply cannot find your spouse, then our simple divorce package is not suitable for you, as measures will have to be taken to trace your spouse.

Next steps

Once the papers have been issued by the court, they will be posted to your spouse who has 14 days in which to acknowledge receipt, by completing and signing a form called the acknowledgement of service. This form must be returned to the court who will forward it to you. Should your spouse not return the acknowledgement of service, you must apply for the court bailiff to attempt personal service on your spouse. This can be complicated but you will find a form enclosed within this folder entitled “Request for Service by Court Bailiff”.

The next step is to make the application for a Decree Nisi which is the intermediate stage in divorce proceedings. An application must be made by way of an affidavit. You will find the affidavit, and a form entitled “Application for directions for trial (Special Procedure)” enclosed within this folder.

Complete the affidavit in full, including the name of the court, the case number, and both names. The acknowledgement of service, the form your spouse has completed and returned, must be attached to the affidavit. You must then bring the affidavit to us and arrange to swear the document. This process will cost you £7.00.

If you have also filed a Statement of Arrangements with the court, they may also send you a photocopy of this. If this is the case, you must attach it to the affidavit and we will charge you £9.00 to swear both. Once sworn, the affidavit, with any attachments, together with The Application for directions for trial (Special Procedure) should be returned to the court.

A District Judge will thereafter consider your application. If the District Judge is satisfied with the documentation, a date will be set for the pronouncement of a Decree Nisi.

Making it final

Six weeks and one day after the pronouncement of the Decree Nisi you will be able to apply for a Decree Absolute. You will find in this folder a document entitled “Notice of Application for Decree Nisi to be made Absolute or Conditional Order to be made Final”.

This form must be completed at the top with the name of the court, the case number and your and your spouse’s names. At paragraph 1, the words his [her] must be deleted as appropriate and the date of pronouncement of the Decree Nisi inserted.

For example if the Decree Nisi was pronounced on 13 March 2008, and the Petitioner is the husband, this paragraph would read; “the decree nisi pronounced in his [her] favour on the 13 day of March 2008 to be made absolute”. There is a fee of £40.00 for a Decree Absolute and a cheque, together with the application form, should be forwarded to the court on or after the correct date, which, in this case, would be 25 April 2008, i.e. six weeks and one day after the date of pronouncement of Decree Nisi.

The court usually takes 1-2 weeks to pronounce the Decree Absolute. This is the formal document that replaces your marriage certificate, which the court will retain and you will not receive back. Upon pronouncement of the Decree Absolute your marriage has been dissolved and you are free to remarry. Please ensure you keep your Decree Absolute safely, as you will need to produce it prior to remarriage and may need to prove your marital status for a variety of other reasons.

We would like to reiterate that this package is only appropriate for people who have agreed that they would like to divorce and have no issues to resolve in relation to property, children, finances, etc. they simply want to dissolve their marriage. If you feel there are other issues upon which you will need further advice, please discuss this with us immediately.