What do I need to do to get my final divorce papers?

Lawpack on March 27, 2020

If you’ve served your divorce petition and your spouse doesn’t want to defend the divorce, then you can apply for Decree Nisi.

How to apply for Decree Nisi

It’s not hard to apply for Decree Nisi, you simply have to fill in a form called Application for Decree Nisi (Form D84) and a Statement in Support of your Petition (Forms D80A to D80E). There is no court fee.

The Forms D80A to D80E correspond to the five grounds for divorce. You need to use the correct form for your situation. For example, if your divorce petition is for adultery, then you need to use Form D80A. Forms D80B to D80E are as follows:

  • D80B – Unreasonable behaviour
  • D80C – Desertion
  • D80D – Two-year separation
  • D80E – Five-year separation

With Forms D84 and D80 evidence must be provided that:

  1. Your spouse, or any co-respondent has received the divorce petition. If not, then you need an order for deemed service, or an order that service can be dispensed with.
  2. If your petition is based on adultery, then you must have evidence that your spouse admits to the adultery.
  3. If your petition is based on unreasonable behaviour, then you must have evidence that your spouse admits to unreasonable behaviour.
  4. If your petition is based on desertion, then you must have evidence that your spouse admits the desertion.
  5. If your petition is based on two years separation, then you must have evidence that your spouse consents to the divorce.

You’ll find most of the information above in the Acknowledgment of Service, so don’t worry about having to file lots of different pieces of evidence.

Filing the Decree Nisi at court

You then have to send these forms to the court and state that your divorce is undefended.

When the court receives your paperwork, it will consider whether you’ve completed the documents correctly, whether you’ve got sufficient grounds for divorce. You don’t need to turn up to the court to hear the Decree Nisi pronounced, unless you want to.

If the judge finds that your documents are in order, he will send you a Certificate of Entitlement to a Decree Form. It usually takes about two months from the time you first file your application for decree nisi. You’re usually told of the actual date about two weeks in advance.

Decree Absolute

A Decree Nisi is a provisional divorce and needs to be finalised with a Decree Absolute. You’re not finally divorced until you have your Decree Absolute.

If you’re the petitioner, you can apply for Decree Absolute six weeks and one day after you receive your Decree Nisi. If you’re the defendant you have to wait for four and a half months after you receive your Decree Nisi before you can apply for Decree Absolute. As long as the court is happy you will receive your Decree Absolute and finally be divorced.

Help from Lawpack

All the divorce forms you need – and expert guidance on how to use them – can be found in Lawpack’s Separation & DIY Divorce Kit.

If you need assistance in completing the forms, then you can use our DIY Divorce Service who will complete them for you. With our Managed Divorce Service they will complete them and also file them at court for you.

If you want more in-depth information from a divorce lawyer about all aspects of divorce law then read our guide, How to Get a Divorce by Punam Denley. Packed with tips and expert advice to ensure that you get through the divorce process smoothly.

Other information

Do I need a solicitor for my divorce?

Lawpack on March 27, 2020

More and more couples are opting for a quickie divorce and using the DIY divorce route to save money and time. But is a do-it-yourself divorce for you?

To find out if you need a solicitor or if you can manage a DIY divorce ask yourself the following…

Are you sure you have the proper grounds for divorce?

Your rights to a divorce are not automatic. You must show one of the five facts (outlined in our ‘Grounds for divorce‘ article) that prove the legal requirements to get a divorce.

You may need a solicitor to tell you whether you have a ground for divorce.

Is your divorce contested or uncontested?

If you and your spouse both agree that you should divorce, then your divorce will be uncontested. The vast majority of divorces are uncontested, so our Separation & DIY Divorce Kit and DIY Divorce Services suit most needs.

But if one spouse is unwilling to divorce, the divorce will be contested by that spouse. In this case, the services of a solicitor will be needed to determine whether there are grounds for divorce.

In an uncontested divorce you don’t necessarily need a solicitor unless you disagree on other issues, such as the division of your property or the levels of maintenance payments (properly known as ‘periodical payments’ in England and Wales and ‘periodical allowances’ in Scotland) to be paid by one spouse to the other, either for the benefit of your children under 18 or for the receiving spouse, or both.

Do you have minor children?

The most important issues in divorce are those involving the welfare of any child under 18 (under 16 in Scotland), known as ‘minor’ children. These issues include child support, parental responsibility and divorce orders for residence and contact (formerly known as ‘custody’ and ‘access’).

Because these issues are so important, the divorce court will be concerned that what has been decided is in the best interests of the minor children. Because the welfare and proper care of your children are paramount, it can be a good idea to ask a solicitor to approve the divorce agreements concerning your children that you and your spouse have made. An experienced solicitor can guide you to a divorce settlement that the divorce court will approve as being in the best interests of the children.

Do you have property which can be easily divided?

If your divorce consists of nothing more than deciding who gets the dog and the furniture, then you and your spouse can easily resolve these questions on your own without a solicitor. In order to ensure that you have no further financial claims on each other in the future, it will be necessary for you to obtain a consent order to this effect.

In Scotland, if no financial order is made on divorce or in a registered separation agreement, there can be no further financial claims on each other in the future once the divorce decree has been granted and the divorce appeal period has passed.

Do you have substantial assets?

If you own substantial property, you will want to consult a solicitor to make sure that you receive your full entitlement and that the division of property is tax efficient.

Even if the division of your property is likely to be straightforward, you may wish to seek the assistance of a solicitor to ensure that the agreement reached between you and your spouse is recognised by the divorce court as final and not something to be revisited in the future. You do this by setting the terms of your divorce agreement down in a consent order which the divorce court will then seal.

In Scotland, if the financial agreement is in a registered separation agreement, it doesn’t need to be recognised by the court or sealed by the court.

Do you or your spouse have connections abroad?

If you’re a foreign national or are living abroad, it may be appropriate, or more financially advantageous, for you to be divorced abroad rather than in the UK. If this applies to you, contact a solicitor immediately, as often any delay in issuing proceedings can be damaging to your claims. There are also different rules of service for those living abroad including those serving in the forces.

Do you need or expect future support from your spouse?

If you expect to be financially dependent upon your spouse after the divorce, you may need a solicitor to help you negotiate periodical payments and to make the obligation binding by means of a divorce court order.

To conclude…

You can do a DIY divorce if:

  • you and your spouse both want the divorce and agree on the division of property (if there are pension assets that you have agreed to divide, you should consult a solicitor, as they can only be divided after specific court orders have been made – this is a complex area);
  • you have no minor children;
  • your assets are not substantial;
  • you are not disputing maintenance or child support;
  • you are certain that you have the proper grounds for divorce.

Even if you need a solicitor for financial matters, you could still save yourself money by conducting the divorce yourself, seeking advice from a solicitor only as and when necessary and by seeking to agree on matters with your spouse as much as possible.

Related articles

My husband’s left me. He’s the main breadwinner. How am I going to pay the bills?

Lawpack on March 27, 2020

Firstly, don’t panic! If you can’t agree to your husband giving you some money, then there are various things you can do to get some money from him.

1. Apply to the court

You will need to ask the court for something called a ‘maintenance pending suit’ as quickly as possible. This is because it can take a while to get a hearing date. In the meantime, you might find yourself without money, so you should consider whether you’re entitled to any benefits. If you do make a court application, a judge will expect you to have investigated the benefits position.

2. Try and keep up with your payments

You need to try and keep meeting all your financial responsibilities. You don’t want to adversely affect your credit rating, which is particularly important with your mortgage company. If your husband usually pays the bills, then you may need to check that he is still doing so. In order to make sure that you don’t miss your payments there are companies that will give you a loan and take the money out of your divorce settlement.

3. Cancel any cards in joint names

One thing that you shouldn’t do is to use your husband’s credit cards without his consent. If you have cards in joint names, then you should cancel them.

4. Discuss things with your spouse, if possible

The best way to try to sort things out is to discuss it with your spouse first and use the court as a last resort. You could also try mediation, if you find it difficult to talk to your spouse without arguing.

5. Apply for interim periodical payments

If you have no other alternative but to go to court, then you can make an application for interim periodical payments after you have filed your Divorce Petition. If you haven’t already filed a document called a Form E which sets out your financial position, then you’ll have to send a sworn statement to the court which sets out your financial circumstances. Your husband will also have to send information to the court about his financial position.

The court will look at all the evidence and there will be a hearing about the interim payments. Any order that is made will stop when your divorce is finalised with Decree Absolute.

Help from Lawpack

All the divorce forms you need – and expert guidance on how to use them – can be found in Lawpack’s Separation & DIY Divorce Kit.

If you need assistance in completing the forms, then you can use our DIY Divorce Service who will complete them for you. With our Managed Divorce Service they will complete them and also file them at court for you.

If you want more in-depth information from a divorce lawyer about all aspects of divorce law then read our guide, How to Get a Divorce by Punam Denley. Packed with tips and expert advice to ensure that you get through the divorce process smoothly.

Other information

What are the grounds for divorce?

Lawpack on March 27, 2020

In England and Wales, you can only divorce if you have been married for at least one year.

To divorce in Scotland, you, or your spouse, must have lived in Scotland for the year preceding the divorce, or you must consider Scotland as your principal place of residence.

There is only one basic ground for divorce: the irretrievable breakdown of the marriage. You can prove irretrievable breakdown by establishing one or more of the following ‘facts’ for divorce:

Fact A. Adultery

You must prove that, either through actual admission or through sufficient circumstantial evidence, your spouse has had sexual intercourse with another person of the opposite sex and that you find it intolerable to live with your spouse. If a sexual liaison short of sexual intercourse has taken place, it’s suggested that the unreasonable behaviour ground is used.

In England & Wales, you can name the other person involved as a co-respondent but this isn’t essential and can have serious consequences. Doing so can make the divorce proceedings more acrimonious, more complicated and more drawn out. It’s, therefore, usually best to avoid naming a co-respondent. If you wish to name the other person in your divorce proceedings, it’s best that you take legal advice before doing so. In Scotland, you must name the other person involved.

Adultery can be used as the basis for a divorce petition, whether you and your spouse are still living together or there has been a separation, but, in either case, not more than six months must have elapsed since you became aware of the adultery before the divorce petition is sent to the court.

Fact B. Unreasonable behaviour

You must show that your spouse has behaved in such a way that you cannot reasonably be expected to live with them. Unreasonable behaviour is now the most common fact on which to prove the ground for divorce in England and Wales. In an unreasonable behaviour divorce petition, the ‘petitioner’ (the person who starts the divorce proceedings) sets out a number of allegations against the ‘respondent’ (the person who receives the divorce petition).

These allegations might include references to excessive drinking or financial extravagance, for example; but it’s worth bearing in mind that the court doesn’t insist on really severe allegations of unreasonable behaviour in order to grant a divorce. Relatively mild allegations, such as devoting too much time to a career, having no common interests or pursuing a separate social life may well suffice. Using mild allegations may also make it easier to agree a divorce petition with your spouse in advance.

Fact C. Desertion

Where your spouse deserted you without your consent for a continuous period of at least two years; this fact is almost never used. This ground of divorce has recently been abolished in Scotland.

Fact D. 2-year separation (England & Wales) / 1-year separation (Scotland)

By consent you and your spouse have been living apart for at least two years in England and Wales, or one year in Scotland, immediately preceding the presentation of the petition (or ‘Initial Writ’ in Scotland) and you both agree to a divorce.

Fact E. 5-year separation (England & Wales) / 2-year separation (Scotland)

You and your spouse have been living apart for at least five years in England and Wales, or two years in Scotland, immediately preceding the presentation of the petition (or ‘Initial Writ’ in Scotland). In this instance, your spouse doesn’t need to consent to the divorce.

Related articles