How to apply for a divorce

how to apply for a divorce

The law makes it possible for spouses to legally separate themselves after marriage but this under certain conditions which are stipulated by the law. This process of separation or disuniting of marriage is known as Divorce. For every country the process of applying for divorce differs though there may be some similarities. In this article, i will be showing you how to apply for divorce in Nigeria. Accordingly, I will share with you some tips to make your application successful.

Divorce is the Legal dissolution of a Marriage by the Court or other Competent body. Under the Nigerian Law, before there can be a dissolution of Marriage, parties involved must make an application to the Court stating their desire to dissolve the marriage upon their fulfillment of the grounds for the dissolution of a Marriage.

how to apply for a divorce

how to apply for divorce in Nigeria

Also see: Differences between Cross-offers and counter-offers

Grounds For Dissolution of a Marriage in Nigeria

  • In Nigeria, there is only one ground for the dissolution of a Marriage, and that ground is the irretrievably break down of the marriage as stipulated in Section 15 Matrimonial Causes Act.
  • A marriage is said to have broken down irretrievably where the petitioner satisfies the court of one or more of the following facts‐
  • (a)  That the respondent has willfully and persistently refused to consummate the marriage;
  • (b)  that since the marriage the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
  • (c)  that since the marriage the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
  • (d)  that the respondent has deserted the petitioner for a continuous period of at  least one year immediately preceding the presentation of the petition;
  • (e)  that the parties to the marriage have lived apart for a continuous period of at  least two years immediately preceding the presentation of the petition and the respondent does not object to a decree being granted;
  • (f)  that the parties to the marriage have lived apart for a continuous period of a least three years immediately preceding the presentation of the petition;
  • (g)  that the other party to the marriage has, for a period of not less than one year, failed to comply with a decree or restitution of conjugal rights made under his Act;
  • (h)  that the other party to the marriage has been absent from the petitioner for such time and in such circumstances as to provide reasonable grounds for presuming that he or she is dead.
  • Where you fulfill any of these condition, you have a ground for dissolution of Marriage and you can therefore apply to the Court for the dissolution of your Marriage.
  • Also see: Features of the Nigerian Legal system

How To Apply For Divorce in Nigeria

1) You must bring a Petition, as every divorce process is commenced by Petition. Therefore you are required to hire a Lawyer who will initiate the process for you and file your petition.

  1. 2) In your application to the Court, your Lawyer must prepare the following documents for the divorce process: Notice of Petition, Petition for dissolution of marriage, verifying affidavit, certificate relating to reconciliation signed by the Lawyer, acknowledgement of service and bring your original marriage certificate.
  2. 3) Talking about petition, your divorce petition must include: The names and status of the parties involved, the occupation and address of the party to the proceeding, the name of the wife immediately before marriage, particulars of the marriage, particulars of parties to the marriage, particulars relating to domicile or residents of the marriage in Nigeria, Particulars of Cohabitation of the parties to the marriage and it’s ceasing, particulars of children of the parties to the marriage, facts relied upon, proposed arrangement for children of the parties to the marriage, their custody, maintenance and settlement of the property, reliefs being sought and address for service on Respondent.
  3. Where this Petition and other accompanying documents for the process of divorce has been prepared and signed, your Lawyer is required to file it to the Court Registry and also serve the other party (Respondent) who will thereafter file a reply to the petition and trial for divorce will commence.
  4. Also see: How to Sue Someone to Court in Nigeria
  5. N/B: If you intend to dissolve your marriage, consult a Lawyer who is well abreast with divorce proceedings first, that Lawyer will be in the best position to advise you and show you how you can apply to the court for the dissolution of Marriage (Divorce).

So far, i have listed and explained the steps for applying for divorce and grounds under which you application will be granted. I believe this article has really done justice to this topic. Nonetheless, if you have any question or contribution kindly drop it at the comment section.

Edeh Samuel Chukwuemeka ChMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier.

How to Apply for Divorce: A Procedural Guide

A procedural guide on how to apply for divorce.

It is important to note the difference between the various applications that can be made in family law.

A common statement family lawyers hear is, “I want a divorce”. While that sentence’s meaning might be clear to a layperson, this can mean several different avenues to a family lawyer. Some examples of what people can mean when they say this is: –

  1. I want to sever my marital status to my spouse;
  2. My spouse and I have assets that need to be divided, so I want to finalise my property settlement;
  3. There are children of the relationship between my spouse and I, but we can’t agree on who they should live with or what time they should spend with me/them; or
  4. A combination of (1) to (3).

Difference between Divorce and Separation.

If the intention is to dissolve a marriage, the process to apply for Divorce can be (somewhat) confusing. However, the Federal Circuit Court has attempted to make the process easier for applicants in recent times.

Eligibility

Before a party to a marriage is able to apply for divorce there are certain criteria which must be met first: –

  • If you have been married for longer than two (2) years, you must first have lived “separately and apart” for twelve (12) months before you are eligible to apply;
  • If you have not been married for longer than two (2) years, you must: –
  • Have lived “separately and apart” for twelve (12) months; AND
  • Produce a certificate from a qualified professional confirming you have attempted marriage counselling; OR
  • Produce a certificate from a qualified professional confirming they have assessed your case as unsuitable for marriage counselling, which is generally the case in family violence matters.
  • Living Separately and Apart
  • Whilst this may seem self-explanatory, complications can arise with the relevant twelve (12) month timeframes where parties to a marriage have been separated but living under the same roof or did live separately for a while but then resumed living together as a couple for a brief period before separating again.
  • Where parties have been living together under the same roof after separation, Affidavits will need to be filed by you, your former spouse and an independent third party that knows both parties confirming that you have indeed separated and are living under the same roof, including the reasons for that living arrangement.

If you have separated, resumed living together as a couple, then separated again, you will need to stipulate the dates you and your spouse resumed living together and separated. If that period is less than three (3) months, the Court will accept that you and your former spouse have been separated for twelve (12) months.

If longer than three (3) months, the twelve (12) month separation period commences counting again from when you and your former spouse ceased living together as a couple.

Significantly, the distinction in this regard is whether the resumption of cohabitation was “as a couple” or for other reasons not connected with attempting to reconcile your relationship.

If the resumption of cohabitation was not an attempt to reconcile your relationship, then the time you were living together will not interrupt the twelve (12) month timeframe; however, if longer than three (3) months, you will need to file the same affidavits mentioned above in relation to being separated but living under the same roof.

how to apply for a divorce

Applying to the Court

Once you are eligible to apply, an Application for Divorce form must be completed and filed in the Federal Circuit Court of Australia or Family Court of Australia.

To do so, you will need to produce a copy of your marriage certificate. For this purpose, the Court will accept ceremonial certificates given to you at your wedding by an authorised celebrant or the marriage certificate provided by Births, Deaths and Marriages.

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There is a filing fee for Applications for Divorce of $930; however, if you are a holder of a Centrelink card (healthcare card, pensioner concession card etc.), you are eligible to pay a reduced fee of $310.

  1. Applications for Divorce can be filed by either party to the marriage, or by both parties jointly.
  2. Once your application is filed, you will be allocated a hearing date on which a Registrar of the Court will consider your application for divorce.
  3. Service
  4. For applications for divorce filed jointly by both parties, there is no requirement to serve each other with copies of the filed Application.
  5. If the application has been filed solely by one party to the marriage, then the Applicant must serve a copy of the application for divorce, a copy of the “marriage, families and separation” brochure produced by the Court, an Acknowledgement of Service (Divorce) form, along with any other documents filed in the Court.

Service can be effected in person or by post. However, you are not permitted to serve the documents on your former spouse yourself. Service by post is also not advised unless you are sure your former spouse will return the Acknowledgement of Service (Divorce) signed.

Anyone over 18 is able to serve your former spouse, however, to ensure the application is served properly it is recommended a professional process server be engaged.

Once served, the person who served your Application for Divorce and supporting documents must complete an Affidavit of Service, attaching the Acknowledgment of Service signed by your former spouse.

You will also need to complete an Affidavit Proving Signature, which is an Affidavit by you stating that the signature on the Acknowledgement of Service is that of your former spouse. A copy of the Acknowledgement of Service must be attached to this affidavit as well.

The Affidavit of Service and Affidavit Proving Signature must then be filed in support of your application for divorce, and you will then need to email sealed copies of these affidavits to your former spouse.

Hearing Date

how to apply for a divorce

If there are children of your marriage that are under 18 years of age, sole applicants will be required to attend Court on the Hearing date of the application. Joint applicants do not need to attend unless they indicate on the application form that they wish to be present.

If there are no children of the marriage, appearances will not be required at the hearing date.

After the Registrar confirms all necessary documents have been filed and considers the application, the Registrar will grant an Order for Divorce. The Order itself does not become effective until one (1) month and one (1) day after the Registrar makes the Order.

Ensuring all required documents are properly drafted and filed with the Court and all procedural requirements are complied with is imperative to ensuring your application for divorce is successful.

Failure to comply can result in your application being requisitioned by the Court with a note to rectify any defects in your application, your application being adjourned on the hearing date with orders to produce further information or appear in court on the next occasion, or having your application dismissed.

Related Articles: Five Myths of Divorce and Separation, What is a property settlement and can you get it done before your divorce?

Want to talk our family law team regarding divorce or separation? Fill in the form below to book an free initial consultation with our Principal Lawyer.

How to apply for a divorce in Quebec? | 514 904 4017 | Allen Madelin

how to apply for a divorceHow to apply for a divorce in Quebec?

To understand if it is possible to make your divorce recognized in Quebec, it is important to look into the Divorce Act as well as the Civil Code of Quebec.

First of all, s. 3 of the Divorce Act grants jurisdiction in the case of divorce to the Court of the province where one of the spouses habitually resides for at least one year before applying for divorce.

International divorce recognition is specifically addressed in the s. 22(1) of the Divorce Act. Recognition of a foreign judgment of divorce takes place on the condition that one of the spouses lived in the country granting the divorce for at least one year immediately preceding the divorce application.

In addition, it is important to take into account several articles of the Civil Code. First, article 3137 of the Civil Code clarifies the circumstances where a foreign judgment shall be recognized in Quebec. Also, article 3155 CCQ explains the requirements for a decision rendered outside Quebec to be recognized and declared enforceable  by the Quebec authorities.

Besides the Divorce Act and the Civil Code, the developed case law gives indications about the criteria to take into consideration. Both the Supreme Court of Canada (http://canlii.ca/t/hxn82) and the Court of Appeal (http://canlii.ca/t/h6dht) have put in place the guidelines.

How Allen Madelin Lawyers can help you with your divorce in Quebec:

  1. Experienced lawyers in international family law:

Our lawyers are experienced in the international family law. It so happens that we deal rather often with international divorce and separation situations as well as questions of children’s rights in the international context. We are aware of the problems of a competent legal forum and applicable law.

  • Make an appointment for the initial consultation:

We offer the first consultation with a lawyer of ours at $125. During this consultation the lawyer will explain to you how to proceed to make your divorce recognized in Quebec. He will analyze particularly the different applicable criteria to establish if it is possible to recognize your divorce in Quebec.

This first consultation can take place in person in our office at 4621 Boulevard Saint Laurent in Montreal, Quebec — or by phone or via videoconference, which is particularly convenient if you are living in another Canadian province or abroad. Do not hesitate to contact us for the details at 514 904 4017 or by email: [email protected]

How to apply for a divorce

Family relations, including the proceduredivorce, are regulated by the family code. How to get a divorce, where do I need to apply for it? Depending on a number of conditions, the application can be written either to the registry office, or to the court.

How to apply for a divorce through a registry office

It is carried out if there is a mutual consent andthere are no children under 18 years old. To do this, you just need to file a joint application or 2 separate, expressed in writing. In this case, the procedure will pass quickly, without complications.

How to apply for a divorce, what kind of documents should be submitted to the Registry Office? In addition to the application, you will need a certificate of marriage and a passport.

Without the consent of the second spouse, divorcepossibly through the registry office, if the latter is found incompetent, serving a sentence of more than 3 years, or recognized as missing. In all other cases, the divorce is carried out only in the courts.

Through the registrar's offices, divorce is effected within a month after the application is submitted. Acceleration of the procedure is not allowed. After this period, the information is entered in the civil status register.

Then they issue a certificate of divorce to their former spouses.

How to apply for a divorce through a court

Occurs when there are common minorschildren, in the absence of consent of one of the spouses, if necessary, the division of common property, etc. The court must provide a larger package of documents than in the registry office.

How to apply for a divorce in this case, whichdocuments for this will be needed? In addition to the statement of claim, passports and marriage certificate, you still need: a certificate of birth of common children, a copy of the house book, confirming the residence of the defendant, a receipt for payment of the state duty. In order to get professional help and arrange a divorce, you can contact the services of lawyers who will help you collect the necessary documents. But, naturally, you have to pay for it.

The trial requires the participation of both parties. In the event that one spouse did not appear for good reason, the meeting may be postponed. Participants are notified of the time of the event in advance.

The date of the meeting is appointed after pre-trial preparation and not earlier than 30 days after the filing of the statement of claim.

The court examines all the circumstances and facts, and if it is determined that the family can not be saved, the marriage will be terminated.

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If the application came from only one party,then the spouses may be given a certain period for reconciliation (from 1 to 3 months). This decision is taken by the court, and it is not applied in all cases, but only at the discretion of the court. The judge will again notice the meeting, and if the situation has not changed, the marriage is dissolved.

In a situation where the spouses haveminor children, but divorce is carried out by mutual desire, the reasons for the divorce are not clarified.

Spouses have the right to present to the court an agreement containing information about who the children will stay with, and also the procedure for paying out money for their maintenance.

If this agreement violates the rights of the child or this document is not available at all, the court must find out who the child will live with, who and in what amount will have to pay alimony, at the request of one of the spouses to divide the property.

Marriage will be considered terminated from the momentthe entry into force of a court decision. The court will send an extract from this decision to the Civil Registry Office, where the marriage was concluded. Until the spouses get a divorce certificate, they will not be able to remarry.

If the marriage was terminated with a person deemed dead or missing, it can be reinstated by mutual application.

When divorcing the parties also need to decide,whether there is a need for the division of property. On the one hand, then the entire procedure will take more time, on the other hand — you will be able to settle all disputable issues about the property. If necessary, you can make a section of a separate process, after the dissolution of the marriage.

How to apply for a divorce?

We all know that marriage is possible at any time to terminate, and at first it seems that it is quite easy to do.But when it really comes down to it, as soon as there is a lot of different questions: «How to apply for a divorce?» And «What to do if you suddenly affecting a child?»

all these questions we will answer in order.

Where to apply for a divorce?

It will all depend on the situation.

Government

registrar to the registrar there is a sense to file your application, in the event that:

  • marriage is terminated by agreement of the two spouses, who have no minor children;
  • Union is terminated as a result of recognition of a spouse incapable;
  • union between husband and wife is terminated as a result of the recognition of one of them missing;
  • spouse sentenced (a) to imprisonment for more than 3 years.

In other cases, you just need to go to court.

This body will take your application to the case:

  • wants to divorce one of the spouses, but a dispute between the children is absent;
  • wishes to terminate the marriage one of the spouses, and with the dispute over the joint property is not more than 50 thousand rubles;
  • spouse avoids divorce proceedings in the registry office, despite the fact that there are no reasons for the protest.

District Court

This body suit is served if:

  • people, unmarried, still can not agree on the place of residence of minors children together;
  • are unable to resolve the question of the value of child support;
  • was not resolved the issue of joint property, the amount of which more than 50 thousand rubles.

Under existing law the claim is sent to the place of permanent residence of the defendant.But while there are exceptions when an application can be submitted at the place of residence of the plaintiff.

husband is forbidden to sue for divorce unilaterally during his wife's pregnancy and after birth for 1 year.

How to apply for divorce: the claim form document

application shall contain:

  • name or the name of the judge of the court;
  • place of residence of the claimant and his name;
  • place of residence of the defendant and his name;
  • reasons for divorce, which are specified in the absence of mutual consent for divorce;

How to Apply for Divorce — The Divorce Magazine

Anne McAllister Associate Solicitor

A divorce throws up many different emotions and whilst this can result in some spouses seeking to address the legal position immediately on separation, for others the thought of legal proceedings of any kind can be overwhelming.

In this situation, issues can often arise with the progression of divorce proceedings and one of the most common problems that solicitors are asked to advise on is what to do when one spouse is failing to engage with the divorce process or their exact whereabouts are unknown.

The basics on How to Apply for Divorce when your Spouse won’t Sign

  • When a Petitioner spouse issues a divorce petition, the Court then sends a copy to the Respondent spouse together with a request to complete and return a form called the “acknowledgement of service” to the court within 7 days of receipt.
  • The purpose of the acknowledgement of service is for the Respondent to acknowledge receipt of the divorce petition and to indicate to the court whether he/she wished to defend the proceedings.
  • In order for the divorce to proceed, the court must be satisfied that the Respondent has received the necessary papers and has had the opportunity to respond to the petition if they wish to do so.

The challenges

If the acknowledgement of service is not returned to the court then in order to progress the proceedings, the Petitioner spouse will need to consider what steps can be taken in order to satisfy the court that the Respondent has indeed received the documents and is simply choosing not to return the acknowledgement of service.

How to apply for divorce when respondent’s address is unknown.

There are a number of options for the Petitioner spouse to consider:

Where the address of the Respondent Spouse is not known

Best efforts should be made to try and locate where the Respondent spouse is living but if the Petitioner spouse cannot find this information then they may wish to consider making an application for substituted service.

If the Petitioner has the details of the Respondent’s workplace or a close family member who they know to be in touch with the Respondent then an application can be made for permission to serve the papers at this third party address- this is known as “substituted service” and the application should be made at the outset of the application.

Where the address of the Respondent spouse is known

If the acknowledgment of service is not returned within the court’s timetable then a request can be made for personal service by the county court bailiff or a private process server.

This independent third party will then attend the Respondent and personally serve them with a copy of the documents.

The bailiff/process server will then prepare a statement of service that is filed with the court as proof that the Respondent spouse has received the documents.

  1. Alternatively, if the Petitioner Spouse has good evidence that the Respondent has received the documents then he/she can use this evidence to support an application to the court for deemed service.

Process of Filing for Divorce Explained

 The UK Rules

You will need to have some important information prepared before you file for a divorce. Check what details you need and how to apply for a divorce in the United Kingdom.

How to Apply for a Divorce: Documentation

Some of the most important information you need includes:

  • The full name and the address of your husband or wife.
  • Either the original marriage certificate or a copy from the General Register Office (GRO). Follow the process for certifying a document if you need it translating into English.
  • Some proof of a name change if you changed it since getting married (e.g. a deed poll name change or your marriage certificate).

Even though you may not know the current address of your husband or wife, you must try to find it. The court needs to send a copy of the divorce petition to them.

There is a specific process to divorce a missing husband or wife if you do not know where they are (or they are presumed to be dead).

Naming the person that a spouse committed adultery with means they get copies of the divorce paperwork.

Divorce Filing Fee

The current and mandatory court-filing fees are £550 when you apply for a divorce. The type of payment accepted will depend on which method you use for the application.

Note: Are you getting a low income or do you receive welfare benefits? If so, you may be able to get help paying court fees and some tribunal fees.

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Apply for Divorce Online

You must be applying yourself to use the online service. Solicitors, or anyone wanting to end a civil partnership, must apply by post. You need a credit or a debit card if you apply for a divorce online in England and Wales.

If You Need Help Applying Online

Digital Divorce Contact Centre Email: [email protected] Telephone: 0300 303 0642 Monday to Friday: 8:30am to 5pm

United Kingdom phone call charges.

Applying for Divorce by Post

You can ask the court to end your marriage or civil partnership by postal methods using form D8. You should fill in 'Form D8: Apply for a divorce, dissolution, (judicial) separation or separation order' to start divorce proceedings.

The next step is to send three (3) copies of the form to your nearest divorce centre. Once they receive them, they will send one of the copies to your spouse (husband or wife).

Note: Make sure you keep a copy of the forms yourself. You would need to send four (4) copies if you named the person that your husband or wife committed adultery with.

If you apply for a divorce by post there are several ways you can pay the fee, including:

  • By credit or debit card (the divorce centre will phone you to take the payment).
  • By cheque (you should make it payable to 'HM Courts and Tribunals Service').

ALSO IN THIS SECTION

  • How to Get a Divorce | Read through the key steps to follow during the process of getting a divorce.
  • Apply for Decree Nisi | You must ask the court to consider whether your grounds for divorce are valid.

After Making an Application for a Divorce

The divorce centre will check that the application is correct and then they will send you:

  • A notice that your application got issued (meaning sent out).
  • A copy of your application stamped by the divorce centre and a case number.

They will also send a copy of your application to your husband or wife along with an 'acknowledgement of service' form.

When your husband or wife receives the acknowledgement of service form, it will ask them:

  • Whether they intend to try to prevent the divorce (defend it).
  • If they object to paying the costs (if you claimed them).

Note: Your spouse (husband or wife) must respond to a divorce application within eight (8) days of receiving it.

Naming the Person a Spouse Committed Adultery With

Did you name someone that your spouse (husband or wife) committed adultery with? If so, they will receive a copy of the application which also asks them to make a response.

How to File for Divorce in the United Kingdom Last Updated 2021

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How to Get Divorced in UK (England & Wales) — Step by Step Filing for Divorce Guide

Starting the divorce or dissolution process can feel daunting. Understanding the divorce process can reduce stress and help you find the best way to file for divorce.

In this guide, we will take you through the entire process of filing for a divorce step-by-step but first, let’s look at what your options are for managing the divorce process.

The legal steps you will need to take are almost always the same (if it’s a straightforward divorce dissolution) but the way in which you manage the process varies.

Not sure which route is best for you? Book a free 15-minute call with an amicable Divorce Coach.

What do you need to start divorce proceedings?

  • To be married / in a civil partnership for at least one year.
  • At least one address for you and or your ex must be in England or Wales.
  • An original/ certified copy of your marriage certificate, in English. Click here for advice on getting a new copy or translated copy of your marriage certificate. (If you've lost it, a new one can be ordered from the registrar where you married or from the government website. If your marriage certificate is not written in English, you must get it translated and notarised.)
  • To decide who will start the divorce and who will respond to it (the person filing for divorce).
  • Decide what reason you will use. There are currently five grounds you can choose from:
  • £593 to pay the government, see this as a filing/ admin fee. You may also be entitled to a discount on the court fees, but this will depend on several factors.

Once you have these things to hand, the below steps will guide you through how to file for a divorce in England and Wales:

Divorce process guide: step-by-step how to file for divorce in England and Wales

Step one: The divorce or dissolution petition (also called the D8)

Submitting your divorce or dissolution petition is how you initially file for divorce and there are various ways of doing this. You can do this part yourself.

Alternatively, if you want support from a divorce expert, read through the various options available to you in our straightforward guide to divorce options or speak to one of our experts today to discuss your personal situation and how we can help you.

You will have to decide whether you or your ex will be the petitioner (the person filing for divorce) and who will be the respondent (the person responding to the petition).

The agreed party should fill out the paper divorce dissolution petition or online divorce dissolution petition.

Be very careful to fill out each box as required – spell everything correctly and use the help printed on the side of the petition or on the government website.

Paper divorce petitions

For a paper petition, make sure to pay the divorce court fee of £593 by enclosing a cheque or ticking the ‘pay by debit card box’. You may be eligible for a discount.

If you are posting the divorce paperwork, you must send three copies of the divorce petition to the court along with your marriage certificate. Send your divorce papers to your local divorce centre (you can find the address on the government website).

Online divorce petitions

If you are using the online government portal, you can pay at the end of the online form, however, your petition won’t be submitted until you’ve paid the court fees. You can attach a scan or image of your marriage certificate, however, the court may ask you to post it in as further proof.

Book a free 15-minute call with an amicable expert. Understand the process, how long it may take, how much it can cost and what your options are.

You can join the call alone or together.

Once the court has processed your divorce dissolution paperwork, you will receive the notice of issue – either by email (for the online system) or in the post for the paper route.

When you have confirmation that your divorce or dissolution has been issued, let your ex know their paperwork is on its way.

Step two: The acknowledgement of service

The acknowledgement of service form (AOS) needs to be completed by the other person. If you filed a paper divorce dissolution petition, they will have received all the paperwork in the post and will need to complete the AOS form and send it back to the court.

If you’ve chosen the online route, the respondent will be sent a letter with log-in details for them to acknowledge receipt of the petition online.

If they don’t or you don’t hear anything from the court you should ring the court helpline on 0300 303 0642. You may need to serve papers to ensure your ex receives them.

Step three: Apply for your decree nisi (D84)

Once your ex has returned the AOS or the court has agreed your ex has received the divorce papers you will be able to apply for your decree nisi.

For the traditional paper route, you can download the relevant forms from our decree nisi guide (there are two forms you must fill in – the second form depends on the grounds you have used).

If you are using the government's online system – you will be asked to fill out the decree nisi application online. This consists of a few questions.

This is when a judge will review your application and either agree or disagree that you have grounds to divorce or dissolve your civil partnership. If the judge agrees the relationship has broken down and is past the point of repair, you will both receive a ‘decree nisi pronouncement date’ and then a ‘decree nisi certificate’ confirming you are entitled to a divorce dissolution.

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