Divorce Law Explained
What is a divorce?
A divorce is where two people who are married no longer wish to stay married. It is a way of ending that relationship and dealing with all the finances that they have together.
Who can file for divorce?
In this country, you have to be either resident - that means living here for at least six months - or have your domicile here - that is the place where you want to make your home, and then you can petition for divorce. No one else can file for divorce.
What are the basic stages to divorce?
The basic stages for divorce are that you have to lodge a petition for divorce. That petition has to be served on the other side, and they decide whether they're going to defend it or not. If they don't, you apply for a decree nisi, which means you prove the facts of your divorce, and then six weeks and one day later, you can apply for decree absolute. At that point, you are divorced. In addition, you deal with the finances at some stages of the divorce, normally before the decree absolute.
What is a petition?
A divorce petition sets out the grounds for the divorce and the fact that the marriage has irretrievably broken down. There's certain grounds upon which you can get a divorce, either adultery, behaviour, desertion, 2 year separation, or 5 year separation. Your petition would have to say which ground your divorce is relying on and set out the reasons for that.
What is my partner's role as the respondent?
The respondent in any petition is the person who receives the petition and they have to decide whether they're going to defend it or not. As a respondent, they can deal with the finances as well. The respondent can decide that they want to have their claims dealt with at the same time as the petitioner.
What is a Decree Nisi?
A Decree Nisi is a piece of paper that you receive showing that you have the first decree that proves the facts on which your petition is based. So, for example, if you're petitioning on unreasonable behavior your facts are proved. Until you have the Decree Nisi you can't deal with the finances on a final basis. You must have a Decree Nisi to get a settlement.
What is a Form D84A?
The form D84A is a form you get from the court to say you're entitled to a decree nisi. the judge has looked at it and he says that you've proved your facts. The D84A is the form you receive just before you get the actual decree nisi from the court.
What is a Decree Absolute?
A Decree Absolute is what ends the marriage. Once you have your Decree Absolute, you are no longer married. It can affect your will; it can affect your rights to inherit. The Decree Absolute is a very important legal document, which means your marriage is finished.
How long does it take to get divorced?
People often ask, "How long does it take to get divorced?" It depends on the circumstances of your case, how long it takes to get divorced. The average is about nine months, but it can take up to two years to get divorced if your finances are very, very complex.
