The Divorce Process

1. You can start divorce as a sole or joint applicant on the basis that the marriage has irretrievably broken down.

2. The court takes about 2 to 6 weeks to issue the proceedings, when they will then send the paperwork to the other party.

3. The other party has 14 days to file an acknowledgment of service with the court.

4. Provided an acknowledgment has been served, an application can then be made for a conditional order of divorce (CO), no earlier than 20 weeks from the date of issue.

5. If there is an issue with service, a party may need permission to serve the paperwork by alternative means, have that party personally served or seek to show that service has occurred (deemed service). If there are still issues, ultimately, an application may have to be made to dispense with service.

6. Once the application for a Conditional Order of divorce has been made, it will take another 2 to 6 weeks or so for the court to process this. The court will check the original paperwork and ensure everything is in order. If it is, they will issue a certificate of entitlement to a Conditional Order, confirming a future date when it will be pronounced. This is often about 3 to6 weeks after the certificate of entitlement. There is usually no need for the parties to attend that or any hearing.

7. Once the Conditional Order is pronounced, an application can be made for the Final Order. This brings the marriage or Civil Partnership to an end. This is often processed the same day as it is applied for or within a few weeks thereof.

8. The court can make orders for finances, usually closing off claims between parties that would otherwise still exist (even after divorce) from Conditional Order of divorce onwards and the 20 week "cooling off period" can be used to try and agrees finances, if they have not already been agreed.

9. It is important to note that it may be prejudicial to apply for the Final Order before any financial agreement has been approved by the court.

   
   

   Please note that this information is the authors view on this subject, who strives to ensure it is as accurate as it can be on the date published. It is for information only though for the reader to check by obtaining their own legal advice and the author does not accept liability for its use.