DIVORCE PROCEDURE

There is no set legal format for the petition. The Family Proceeding Rules (1991) however set out what must be included.

• The names of the parties.
• The date and place of the marriage.
• The full names (including surnames) and dates of birth of any children.
• Details of any previous proceedings and assessments by the Child Support Agency.
• A statement that the marriage has irretrievably broken down.
• The fact relied upon for divorce.
• Particulars (but not evidence) of the matters relied upon to prove that fact.

The petition must also included the prayer to the court:

• That the marriage be dissolved.
• Any costs order sought.
• The financial relief required for the petitioner and/or the children.

The following documents are also required.

• The marriage certificate.
• The statement of arrangements for the children (see below).
• The reconciliation certificate, if appropriate. On this certification the solicitor indicates whether or not reconciliation has been discussed; he or she does not indicate whether a reconciliation has been attempted.
• The court fee or a certificate of exemption.

The statement of arrangements for the children

If practical, the statement of arrangements for the children form (form M4) should be agreed, and both parties should sign it to indicate their agreements to the arrangements. If the respondent refuses to sign the form it may still be filed, signed by the petitioner alone.

The form M4 covers:

• accommodation;
• education;
• child care arrangements;
• financial arrangements;
• contact for the non-residential partner;
• health.

Serving the petition once it is completed

The court will serve the petition through the post. The respondent will receive a copy of the petition and an acknowledgement of service, which has to be returned within a certain period.

In cases of adultery where a co-respondent has been named the petition is deemed to have been served.

Once the acknowledgement of service has been returned the petition is deemed to have been served. If the acknowledgement is not returned, a bailiff or other agency can serve the petition.

The petition contains various questions the respondent must answer:

• whether he or she consents to the divorce;
• whether he or she objects to the claims for costs;
• whether or not he or she wishes to make his or her own application for order of the children.

As mentioned earlier the only ground for a divorce is the irretrievable breakdown of a marriage. It is therefore very difficult to claim that the marriage is still in existence if one of the parties claims that the marriage has irretrievably broken down. It is possible however to cross-petition, and this must be filed within 29 days of the petition being served.

Decree nisi

The next stage of the divorce, once all the papers have been properly served, is the decree nisi.

After the acknowledgement has been returned, the petitioner completes an affidavit. When this has been sworn it is sent to the court with the application forms requesting directions for trial. The date is then fixed for the decree nisi.

The judge will give the following directions.

• If he or she is satisfied with the petition and affidavit they will certify that the petitioner is entitled to a decree nisi and a divorce, and a date will be fixed to pronounce the decree nisi.
• He or she will also consider whether the statement of arrangements for children is in order, and a certificate will be issued to that effect.

Decree Absolute

Six weeks and one day after the decree nisi, the decree absolute may be requested. Unless the petitioner is exempt from paying costs this will incur a fee of £30.

If however the petitioner does not apply for decree nisi or for a decree absolute, three months later the respondent may apply for the decree to be made absolute.