Divorce: A Brief Guide BRIEFING - The Lawyer

The ProcedureLodging the PetitionOnce your divorce petition is drafted, it will belodged at Court. If you have children, the Courtswill want to see details of the arrangements beingmade and can, in very rare circumstances, orderyou to attend Court to explain the arrangements inmore detail.Service of the PetitionA copy of the petition will then be served on yourspouse, together with a form called an‘acknowledgement of service’.In order for the divorce to progress without delay,your spouse must sign and return theacknowledgment of service to the Court withinseven working days, confirming that he or shedoes not intend to defend the divorce. This isfrequently dealt with by your spouse’s solicitors.The Court will then send a copy of theacknowledgement of service to us.Applying for Decree NisiWe will then prepare a sworn statement called anaffidavit, in which you swear that the contents ofthe petition are true. The affidavit will then be sentto court together with what is called a Request forDirections for Trial.Filing Documents at CourtThe documents are then put before a DistrictJudge who will decide whether or not the petitionis proved. Sometimes the District Judge willrequire more information and this can cause adelay.Decree NisiIf satisfied that you are entitled to a divorce, theDistrict Judge will sign a certificate of entitlementto ‘Decree Nisi’. The certificate will be sent to usand will state on what date the hearing at whichthe Decree Nisi will be pronounced. You do nothave to attend this hearing. At this point, however,you remain married.Application for Decree AbsoluteSix weeks and one day after receiving yourDecree Nisi, we can apply for the ‘DecreeAbsolute’. It is only when we receive this Decree,that you are finally divorced.Your Decree Absolute in effect replaces yourmarriage certificate and you will need to produce itin the event that you wish to re-marry.You should also be aware that on divorce, if youhave any bequests you have made to your spousein a will, they will be treated as if your spouse haspredeceased you. Depending on how your will hasbeen drafted, it may mean that their share fallsinto the residuary estate or may even have to bedivided in accordance with the intestacy rules.This briefing note is not intended to be an exhaustive statement of the law and should not be reliedon as legal advice to be applied to any particular set of circumstances. Instead, it is intended to actas a brief introductory view of some of the legal considerations relevant to the subject in question.Page 3 of 4April 2012Version 1

For further information please contact:Carol EllinasPartnerT: 0207 593 5032E: cellinas@wslaw.co.ukJacqueline MajorSolicitorT: 020 7593 5065E: jmajor@wslaw.co.ukThis briefing note is not intended to be an exhaustive statement of the law and should not be reliedon as legal advice to be applied to any particular set of circumstances. Instead, it is intended to actas a brief introductory view of some of the legal considerations relevant to the subject in question.Page 4 of 4April 2012Version 1