Stages of divorce: from divorce petition to decree absolute

Reviewed by Mark Lyne, barrister at Five Paper chambers


Stages of divorce from divorce petition to decree absoluteThere are nine key stages of divorce in England and Wales, from the initial divorce petition through 'decree nisi' and finally 'decree absolute'.

This article summarises these stages of divorce in simple terms. The same stages apply for dissolution of a civil partnership.

Divorce petition - stage 1

The person seeking a divorce (the applicant, still usually referred to as the petitioner) files a divorce petition (now called a matrimonial order).

The applicant fills in a divorce petition form. You send two copies (or three if you named someone who your husband or wife had an affair with, because they will be sent a copy), together with a certified copy of your marriage/civil partnership certificate and the £550 fee (see Civil and family court fees, page 14) to your nearest divorce court.

Court informs respondent - stage 2

The court sends a matrimonial order application and other documentation to the husband or wife of the petitioner/applicant (the 'respondent').

Acknowledgement of service - stage 3

The respondent replies to the court by sending a completed acknowledgement of service form.

Confirmation of acknowledgement to petitioner/applicant - stage 4

The court sends a copy of the acknowledgement of service form to the petitioner/applicant.

Respondent's opportunity to oppose - stage 5

If the respondent opposes the divorce, they have 21 days to complete and send to the court an Answer to a divorce petition form stating their reasons. There is also a fee payable (see Civil and family court fees, page 14).

The respondent can also choose to start divorce proceedings against the original petitioner/applicant, for example, with a counter claim about the adultery or unreasonable behaviour or that person. The process and fee are the same as at stage 2.

Petitioner applies for decree nisi - stage 6

The decree nisi is a 'request to proceed'.

The petitioner/applicant completes and sends the court an Application for a decree nisi form, together with a copy of the respondent's response to the divorce petition and a statement form in which the petitioner/applicant confirms the facts set out in the original divorce petition.

There are five types of statement depending on the grounds for the divorce (eg adultery or unreasonable behaviour).

Decree nisi granted - stage 7

At this stage of divorce the judge will grant decree nisi - as long as the respondent does not oppose the divorce and the judge agrees with the grounds.

This means the judge can see no legal reason for the divorce not to go ahead.

If the respondent opposes the divorce, there is a court hearing. Following that, the judge may grant decree nisi or send both parties a 'notice of refusal of judge's certificate' form, saying why they can't divorce.

The judge may ask for more information or order a court hearing as the next step.

Petitioner applies for 'decree absolute' - stage 8

Six weeks after the decree nisi has been granted, the petitioner/applicant can apply for a decree absolute, which is the legal document that ends the marriage.

You use the Notice of application for decree nisi to be made absolute form. Or, if four-and-a-half months have passed since the grant of decree nisi and the petitioner/applicant has failed to apply, the respondent can apply for decree absolute using an Application notice form.

Decree absolute granted - stage 9

This is the last of the stages of divorce and marks the end of the marriage in legal terms.

Note that these stages of divorce only cover the divorce itself - ie the ending of the marriage. You may also want the court to deal with financial issues and with arrangements for the children.

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