Divorce is a legal process that formally ends a marriage. In the UK, the first step in getting a divorce is to file a divorce petition with the court. This guide will walk you through the process of filing a divorce petition in England and Wales.
Step 1: Grounds for Divorce
Before filing for divorce, you need to establish the grounds on which you are seeking a divorce. In England and Wales, there is only one ground for divorce, which is that the marriage has irretrievably broken down. However, this must be proven by citing one of the following five reasons:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years separation with consent
- Five years separation without consent
Step 2: Completing the Divorce Petition
Once you have established the grounds for divorce, you can proceed to complete the divorce petition form. This form is known as Form D8 and can be obtained from the court or downloaded from the HM Courts & Tribunals Service website. The form will require you to provide details about yourself, your spouse, your marriage, and the reason for the divorce.
Step 3: Filing the Divorce Petition
After completing the divorce petition form, you will need to file it with the court. You can do this by sending the form to the court along with the court fee, which is currently £593. If you have a low income or are receiving certain benefits, you may be eligible for a fee waiver.
Step 4: Serving the Divorce Petition
Once the divorce petition has been filed with the court, a copy of the petition will need to be served on your spouse. This can be done by post or in person. Your spouse will then have eight days to respond to the petition by filing an acknowledgment of service form.
Step 5: Applying for Decree Nisi
If your spouse does not contest the divorce, you can apply for a decree nisi. This is a provisional decree that confirms the court is satisfied with the grounds for divorce. You will need to complete a statement in support of your application for decree nisi and submit it to the court.
Step 6: Applying for Decree Absolute
After six weeks and one day from the date of the decree nisi, you can apply for a decree absolute. This is the final decree that officially ends the marriage. Once the decree absolute is granted, you are legally divorced.
Conclusion
Getting a divorce can be a complex and emotional process, but by following the steps outlined in this guide, you can navigate the divorce petition process in England and Wales. It is always recommended to seek legal advice from a solicitor to ensure your rights are protected throughout the divorce process.
