The timeline of an undefended divorce

The majority of divorces are undefended and in these cases your solicitor will take the following steps on your behalf:-

Step one

A divorce petition will be prepared, together with a ‘Statement of Arrangements for Children’ (if you have children). This will be submitted to the court along with the appropriate fee (currently £340.00).

Step two

The court will send a copy of the divorce documentation to the respondent and confirm to the petitioner’s solicitor that they have sent the documentation.

Step three

The respondent’s solicitor must then complete and return their ‘Acknowledgement of Service’ form. This gives them the opportunity to confirm whether or not they intend to defend the divorce and whether they agree to be responsible for some, or all of the costs of the divorce.

Step four

The court will then send a copy of the Acknowledgement of Service form to the petitioner’s solicitor.

Step five

The petitioner’s solicitor may then apply for a date for ‘Decree Nisi’, the document which tells you your divorce is almost complete, to be pronounced. They do so by preparing a ‘Statement in Support’ of the petitioner’s application for Decree Nisi. This will be signed by the petitioner and submitted to the court.

Step six

The district judge will then consider the application for Decree Nisi. If they are satisfied that the petitioner is entitled to a divorce, the court will send a ‘Certificate of Entitlement to Decree’ to the solicitors acting for the petitioner and the respondent. The Certificate of Entitlement to Decree will include the date of the Decree Nisi hearing.

It is not necessary for either party to attend the Decree Nisi hearing as Decree Nisi is pronounced automatically.

Step seven

The petitioner must then wait six weeks and one day before instructing their solicitor to apply for their ‘Decree Absolute’ to be pronounced. Once this application is made, it will be considered by the court and Decree Absolute is typically pronounced within the next 7-14 days. The parties are then divorced.

A typical divorce will take between four to five months from start to finish.

If you would like to discuss this or any other family law matter, please contact Janine Hutson on 01772 258321, or at janine.hutson@harrison-drury.com