There are quite a few forms to be filled out when it comes to the divorce process. But these can often be handled directly by your solicitor. In many straightforward cases, where both of you agree to the divorce, the paperwork is not especially complicated.
Knowing which paperwork and documents you need to hand when filing for divorce will help the process move more smoothly.
What paperwork do I need when petitioning for a divorce?
The information needed for a divorce petition form is minimal. Most importantly, you will need your marriage certificate. In some circumstances, you can apply for a divorce without your marriage certificate, but you will need to fill out another form, D11, and pay a fee.
If you do not have your marriage certificate, you can request a copy from a register office. This can be done online and costs £9.25. If you are sending a copy, make sure it is a certified copy rather than a photocopy, as a photocopy will not be accepted.
If your marriage certificate is in another language, you will need to include a certified translation.
You will also need to include your spouse’s current address on the form. This allows them to be sent a copy of the petition to agree to or contest. It can be sent to a home or work address.
If you do not know where your spouse is, you can complete other forms to have the petition sent by email. You can also apply to skip that part of the process if they cannot be located. Each of these options carries a fee.
If your relationship with your ex-partner is particularly difficult, you may not want them to know where you are living. You can fill out a C8 form to stop your address from being revealed to your spouse.
Do not forget that you will need to send three copies of the petition form, along with payment for the process.
If you and your partner disagree about finances and you need a Financial Order, this will be Form A and will be included with your petition. There is a fee, and it will slow the divorce down, as the process cannot move forward until the court order is agreed.
What paperwork do I need when responding to a divorce petition?
If your spouse has sent you a divorce petition and you agree, you simply need to sign the acknowledgement of service form. You do not need to include any other paperwork. You only need to post it to the court. You must post the form within 8 days of receiving it.
If you disagree with the terms, or you do not want the divorce, you will need to fill out the same form using the section for defending against it. You must post this within 8 days, and also submit an answer to the divorce petition explaining your reasoning. This must be submitted within 21 days and costs £245.
What paperwork do I need when applying for a decree nisi?
A decree nisi is confirmation from the court that it sees no reason why you cannot get divorced.
You apply to the court for a decree nisi and complete a statement form based on the grounds for divorce, such as unreasonable behaviour or adultery.
You will also need to attach your spouse’s response to the petition. If your spouse is contesting the divorce, you can complete section B of the form and ask for a case management hearing. This will cost £50.
What paperwork do I need when applying for a decree absolute?
A decree absolute is the final piece of paperwork and signals the legal end of your marriage. You must wait six weeks from receiving the decree nisi before you can apply for a decree absolute.
Once the six weeks has passed, you simply complete a final form requesting a decree absolute. The court will check it against your paperwork and send you the decree absolute by post, provided no issues come to light that would prevent the divorce.
Speak to a divorce solicitor
While petitioning for divorce can seem complicated, there is not as much paperwork as you might think. It is still essential to keep copies of your divorce paperwork safe and all official documents together.
It is a good idea to seek legal advice from a divorce solicitor. They will keep you up to date on any changes to the process and any forms you may need to complete. For example, they can support you if your spouse is contesting the divorce and you need to attend a court hearing.
Be aware of the different charges that may apply if paperwork has to be resubmitted or queried. Take care when filling out the forms.
Petitioning for divorce can feel like a slow process. But a good divorce lawyer will ensure everything is moving at the right pace and make the experience as straightforward as possible.
At The Law Superstore, you can compare divorce solicitors near you completely free.