Divorce Guide

Outline of Divorce Procedures in England and Wales

Divorce in England and Wales is granted on the basis of the unalterable failure of relation of nuptials. When the two deem that there is no future scope at all, the court accepts the appeal for divorce. The following paragraphs would describe you an outline of divorce procedures in England and Wales.

Applying for the divorce

In order to move to the doors of court, the first thing any couple is required to do is applying for the case in the court. The one who applies is called the Petitioner; the other party is called the Respondent while other parties involved are called Co- Respondent.

Petition

After applying to the court for your divorce case, the next step is about the Petition. The petition must ascertain that cause for the breakdown of marriage. It could any of the following cases-

1. Adultery by the respondent
2. Unreasonable behavior
3. Desertion by the respondent for 2 years or more
4. Separation for 2 years and the husband and the wife agree
5. Separation for 5 years

Other information required along with petition

In addition to the petition that describes the grounds of crash of marriage, other information or documents such as marriage certificate, duplicate copies of petition sent to respondent, court fee reconciliation statement etc. also need to be enclosed. In case where children are involved, statement of arrangement for children also needs to be given. This statement describes where they will live, about their schooling etc.

Service on the Respondent

There are a few documents that need to be served on the respondent. These documents are the petition, statement of arrangements, notice of proceedings and the acknowledgement of service. Acknowledgement of service is the question and answers to be sent back. The solicitors from both the parties ask a few questions from the opposite side which are to be answered judiciously. This is called the acknowledgement of service.

Acknowledgement by the respondent

The acknowledgement by the respondent indicates whether he/she has some intention to defend, whether he/she agrees to the statement of arrangement or agrees to pay the cost of divorce.

After all these steps are ended, the respondent may either agree or disagree to the petition. In case he agrees to the petition, an affidavit is sent to the court claiming the accuracy of the petition. If he disagrees, then an answer is required within 29 days. The court after getting satisfied sets a date for the proceedings. It is possible to fight your own case in the absence of finance but it is always advisable to take legal aid lest your case takes a longer time.

Divorce and Children
Divorce Laws
Financial Issues
Legal Information
Divorce in Switzerland
Divorce Advice for Europeans
Post Divorce Issues
Divorceand Legal Assistance