What Are The Five Stages Of Divorce?
If you are living in the UK and happen to know someone who wishes to file for a divorce from their spouse, you might have understood how it may be difficult to understand with the many concerns attached. Overall, this can be a very overwhelming process financially, practically and emotionally. If you are seeking professional assistance look for Family law solicitors Stockport to guide you through the process of divorce and the five stages that come along with it. This article will go over the five stages to easy the process or bring some clarity those looking to get a divorce.
Read through the rest of this article to know more about the lengthy legal stages of divorce.
1) Divorce Petition
To begin with divorce proceedings, the petitioner (AKA the applying party) must send a divorce petition to the court. An irreversible marriage breakdown is the only divorce ground in the UK and in Wales or England the petition must include 1/5 facts to prove their marriage breakdown. Facts involve adultery, unreasonable behavior, content-based 2 separations, desertion or 5-year separation.
The respondent AKA your spouse will receive a copy of the petition (after It is lodged) by the court. The respondent must then complete the acknowledgment of service form sent alongside and return the document within 7 days to proceed. The response will depend on agreeing for the reasons behind the divorce and who must bear the divorce costs or defending the proceedings.
3) Decree Nisi
Upon acknowledgement of the petition, the applying party must apply for a Decree Nisi, the first divorce proceedings decree. Alongside this application a statement must be attached which confirms and supports the application’s content. If the court considers documentations and is satisfied for the entitlement to a divorce by the petitioner, the court will respond to a decree nisi with a certificate of entitlement, providing a date for pronouncement of the decree nisi.
4) Decree Nisi and Costs Order
Both ends will receive a court order that states pronouncement of the Decree Nisi. There will also be a statement for which party may be responsible for bearing the petitioner’s divorce costs. Both parties will have an opportunity to present in court as per the pronouncement of the decree nisi to argue their stance in terms of costs.
Until Decree Absolute is not pronounced, the divorce cannot be completed which is applicable 6 weeks and a day after the Decree Nisi pronouncement. After the duration, a notice of application is lodged by the petitioner for the Decree Nisi to be Absolute.
5) Pronouncement of Decree Absolute
Upon receiving the notice of application for Decree Nisi to be made Absolute, after the decree absolute is granted both parties will be divorced legally.
Depending on the situation of the divorce there may be more or fewer complications involved in one or more stages of the divorce. This can lengthen the time period of the divorce and contribute to greater costs as well. There may even be unexpected claims on your assets which must be dealt with properly before the divorce proceedings. To know more a family solicitor may guide you through.
Related Story: What is the Most Common Reason for Divorce?