Nicola Williams Solicitor

Over the last seventeen years or so I have met and advised literally thousands of people going through divorce.

I know that we all handle this particular experience differently from each other. It is often sad and usually stressful. For some it can be devastating - whilst for others there may be a feeling of liberation.

Whatever your circumstances, one thing is constant. The less confused you are about the rules and legal procedures the more clearly you can think. And the more clearly you can think, the more confident you can be about the decisions you make - decisions about your future and often your children's future too.

In an undefended divorce there are three stages.

Stage One

The proceedings are issued by the petitioner.This means that the petition is processed by the court and sent out to the respondent by ordinary first class post.The respondent needs to acknowledge receipt of the petition by sending back an acknowledgment form he or she receives with the petition from the court. Once he/she has done this you can proceed to stage 2.Altogether it usually takes 4-6 weeks for the forms to be processed and travel out to the respondent and back to the court and for me to be notified that an acknowledgement has been received by sending me a copy of it.

Stage Two

The petitioner applies for the decree nisiThis involves swearing a short affidavit which is then put before a Judge who decides if you you are entitled to a divorce.It takes approximately three to four weeks for the court service to process this application and place all the paperwork before the Judge. This is the first time the Judge has actually seen the papers and only now will you find out if there is something the court is not happy with and requires correction or further detail - for example, if you are still living under one roof further clarification of living arrangements is sometimes required.I do my best to ensure that my experience of the court procedures helps avoid or minimise difficulties at this stage.If the Judge is satisfied with the paperwork a date for the decree nisi to be pronounced is set and a certificate is sent out with confirmation of this. The decree nisi is usually pronounced in the month following the date of the certificate.

Stage Three

The petitioner applied for the decree nisi to be made absolute. At stage 2 you satisfied the court that you are entitled to a divorce and you have your decree nisi. Now all you need to do is wait six weeks and one day (a cooling off period) before you can apply for the decree to be made absolute.  This is the most simple part of the procedure and is usually dealt with by the court service on the day the application is received.

Once the decree has been made absolute you are divorced and this is final. It is important to consider your will and pension arrangements, life insurance etc. BEFORE you apply for the decree absolute Any entitlement you may have had to a widow/widower's pension or death in service will usually cease.

 

If you do not own the house you live in but it is owned by your husband/wife you may not be automatically entitled to live there any longer.

These are serious considerations for some people and you should discuss how the making of the decree absolute might affect you with a solicitor before you apply for the decree nisi to be made absolute.

Please turn to my divorce costs page for details of my charges for preparing your petition, application for decree nisi and making it absolute.