The divorce process and the likely timescales

Four stage process for divorce

Apart from any separate financial and/or children issues, which are dealt with outside this process, your divorce will proceed in four specific stages. It should take about 16 to 20 weeks to complete the process, possibly less, depending upon the efficiency of the court handling the case. We will draft all necessary court documents on your behalf.

Stage 1: up to 4 weeks

You (the Petitioner) need to post the divorce petition to the court with all supporting documentation and relevant court fee. The court will then issue your divorce petition and post a copy to your spouse with various documents, including a form called an Acknowledgement of Service.

Stage 2 – up to 2 weeks

Your spouse (the Respondent) needs to sign and return the Acknowledgement of Service form to the court, confirming that he/she has received the divorce petition and does not intend to defend it. The court will send us a copy of this signed form.

Stage 3 – up to 6 weeks

You (the Petitioner) will need to lodge a request for Directions for Trial (Special Procedure), together with an affidavit in support. Once the paperwork has been approved, the court will fix a hearing date for declaration of the decree nisi of divorce. Neither of you will need to attend this hearing, and the court will post the decree nisi of divorce to us afterwards.

Stage 4 – after 6 weeks

After a minimum of six weeks from the date of the decree nisi, you can apply for the decree nisi to be made absolute. Once the decree absolute of divorce is pronounced, your marriage will be dissolved.


Free legal information