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Garner Canning - Family

Family

Divorce Procedure

In most cases divorce proceedings cannot begin until you have been married for at least one year.

The person who applies for a divorce is known as the Petitioner and the other party is the Respondent.

It is always best for you and your spouse to deal with divorce in an amicable way.  We appreciate this is not always possible but where people can maintain good communication many important issues can be agreed prior to the commencement of proceedings.

From the details you provide, we will complete a divorce petition on your behalf and forward it to you for approval.  Once approved, your solicitor will send your petition to the Court along with your Marriage Certificate and Court fees and a statement about the living arrangements for any children.

The Court sends a copy of your petition to your spouse, who must then acknowledge receipt and say whether he or she wishes to contest the divorce.  Most divorce petitions are uncontested.

We will prepare a statement of evidence in support of your petition and you will be asked to sign it.  We send this to the Court with your application for the first part of  your divorce decree (called the decree nisi).

If the Court is satisfied that there are good grounds for the divorce a date will be fixed for the pronouncement of the decree nisi.  Six weeks after that date you can apply for the final decree (called the decree absolute) and which will then dissolve your marriage but if there are any financial matters that are still to be agreed with your spouse it is often better to delay this application.

Most divorces are granted within six months from the time a petition is sent to the Court.