Divorce and Separation - Summary of Undefended Divorce Procedure
Summary of Undefended Divorce Procedure
Sends divorce petition to court plus court fee £340*(exempt from fee if Legal Aid applies) (* fee at April 2013)
Issues petition. Posts a copy to Respondent and Co-Respondent if appropriate.
Has 7 days to return Acknowledgment of Service to Court. If not returned alternate methods of service must be used e.g. Bailiff Service.
Sends Petitioner copy of Acknowledgment of Service.
Swears an affidavit in support of petition (stating everything in petition is true) and applies for decree nisi - £7 fee payable if not on Legal Aid.
Issues date for Decree Nisi and sends copy to both parties. Pronounces Decree Nisi.
Wait 6 weeks and 1 day from date of Decree Nisi then can apply for Decree Absolute. £45* Court fee (exempt if Legal Aid applies). Decree Absolute Brings marriage to an end. (* fee at April 2013)
If Petitioner has not applied for Decree Absolute within 4½ Months of Decree Nisi, Respondent Can apply. £40 Court fee.
The attached summary is an over overview of an undefended divorce.
If your divorce becomes defended there will be a departure from this procedure.
If the Respondent does not return the Acknowledgement of Service there will be a departure from this procedure.
Generally, an undefended divorce will take 14 - 16 weeks from start to finish if all parties return all forms on time BUT if there are any departures from this procedure the divorce will take longer.
If you are unsure about anything please ask your Solicitor.