What’s it for? Written by one spouse and served to the other and filed to the courts. The petition will state the grounds for divorce.
In England and Wales you can get a divorce if you’ve been married at least a year and the marriage has broken down permanently.
There are additional rules before considering serving a divorce petition, such as having a marriage that is recognised in the UK and the usual requirement of having a permanent home in England or Wales. If your home isn’t in England or Wales the court may still have jurisdiction to deal with the case, but it may mean supplying some supporting evidence.
1) Apply to the court for a divorce and detail the reasons you want the marriage to end
2) If your ex-partner doesn’t dispute the reasons for divorce you will be granted a decree nisi
3) If they do dispute the reasons for divorce or apply for their own divorce petition then a court hearing is required to discuss the case
4) You can apply for a decree absolute 6 weeks after you are granted the decree nisi. This will legally end the marriage and allow you to remarry
First of all, you must send the paperwork to the courts to apply for a divorce. If you and your ex partner can agree on things amicably such as the reasons for the divorce, child arrangements and splitting of finances then there is usually no requirement for court hearings. In the real world this isn’t always the case, and simply getting your ex to acknowledge receipt of the divorce papers can be the first hurdle. This is where a professional process server comes in. We will serve the divorce papers supported by a witness statement or affidavit to provide proof of service to you and the court. You don’t necessarily need to know the current address of your ex, but the more details you have the better. Our team will locate your ex and serve them the divorce petition in the UK.
If you have to visit court to discuss your divorce case then it is recommended to get legal advice to ensure you are represented fairly. We can usually recommend a local family law solicitor to you if you need assistance.
Need more information on serving a divorce petition? Contact us.
Please note: The above is not meant to constitute legal advice. The law changes regularly and as such we recommend speaking to a legal professional for clarification.