You have completed all your forms – what do you do now?

What Court?
You can start your divorce petition at any County Court or the Principal Registry in Holborn, London.  You can find you nearest court here:
http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

The Courts are open Monday to Friday between 10.00am and 4.00pm.

Do I need to pay a fee?
There is a fee upon filing of the divorce proceedings currently £300.00 but this changes and up to date information with respect to court fees can be found here:
http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm

You make payments by cash, postal orders or cheque, cheque to made payable to HMCS.

If you are unable to pay the Court fee because you are on benefits or you have a limited disposal income, you should complete form EX160A which is included within this guide and available for downloading with all tiers.  The form will need to be completed together with evidence provided of your income and the Court will make a decision as to whether or not you should be exempt from paying the Court fee. There are GUIDANCE NOTES to completing the form.

You will need to provide the Court with the following: -

1.       Two copies of your divorce petition
2.       Two copies of the Statement of Arrangements for Children form, if you have children.
3.       The court fee or application to exempt you from the Court fee.  
4.       Original marriage certificate    

What happens now?

1. The Court will confirm to you when they have issued the divorce petition and the date upon which they have sent it to your spouse. This document will also act as a receipt for a fee if you have paid one and will confirm the Court’s details, i.e. case number in relation to your case. The Respondent has a period of 8 days to return the Acknowledgement of Service to the Court and the 8 days starts from the date that the Respondent received the divorce paperwork.

2. On the basis that the Respondent acknowledges receipt of the petition, they will complete the Acknowledgement of Service confirming whether they consent to a divorce proceeding on the grounds that have been alleged or whether they consent to the divorce, and agree the Court’s jurisdiction. It may also be the case that no response has been received at all and this may be because the address of your spouse is wrong or it has changed, and if this is the case the post office will usually return the petition and the other forms to the Court. If this happens the Court will send you a notice confirming that the petition has not been served and you will need to locate the Respondent’s up-to-date address and confirm this position to the Court.  The Court can then re-serve the divorce paperwork upon the Respondent. If the Respondent contests the divorce, you should seek legal advice as to how to proceed.

3. On the basis that the Respondent completes the Acknowledgement of Service by confirming that he/she agrees with the divorce petition proceeding and forwards the Acknowledgement of Service to the Court, your matter can then proceed to making the Application for Directions for Trial.

4. Bailiff Service
if a period of 14 days has passed since the petition was sent, you can complete form D89 (Request for Bailiff Service) to serve your spouse as listed in this guide and available for downloading upon purchase of any of the packages. Complete a copy of the form and return it to the Court with a photograph and a written description of your spouse. There is a fee for each person being served or you can download the application for exemption from the Court fee, if your circumstances are of such that you may be eligible to have that fee exempted. The Court Bailiff will attempt to deliver the petition and other documents to your spouse personally.

If this is successfully completed you may now proceed to make an application for Directions for Trial.

5. Acknowledgment of Service

Remember your spouse may have instructed his own solicitor to reply to you and complete the Acknowledgement. The Acknowledgement of Service will reveal the following:

          1)       that the Respondent has been served
          2)       whether they intend to defend the divorce
          3)       whether they are satisfied with the proposed arrangements for children
4)       if the divorce is relying on the allegation of adultery or requesting the spouse’s consent to the divorce, such as a divorce based on two years separation, this will be proof of the admittance of the adultery or the consent to a divorce upon 2 years separation.

6. Directions for Trial

Provided that the Respondent has not given notice that they wish to defend the divorce in a period of 7 days after the service of the divorce petition has expired, it will now be necessary to request directions from the Court called "Directions for Trial". This asks the Court to put the case on the Special Procedure list which is the list for all un-defended divorces and will be accompanied by an Affidavit in support of your Petition. If the Respondent has indicated an intention to defend (if they have consulted solicitors), you will need to wait 28 days from service of the divorce petition before you can make this application.

7. The Affidavit in support of the petition is a standard affidavit, detailed within this guide, and it can be downloaded with the purchase of any of the tiers, there is a separate Affidavit for each type of divorce. The Affidavit is in a question and answer format and deals with the following: -

1)       You must confirm that the contents of your petition were true and that there are no amendments or alterations required – if there are alterations or amendments required, you must specify what they are.
2)       If you have cohabited since the date of the last incident you have relied upon, the Affidavit requires you to give details of the period of cohabitation to ensure that such cohabitation has not exceeded 6 months and therefore does not stop you from proceeding with a divorce.
3)       Any evidence in support of your divorce – by way of example the Acknowledgement of Service can be exhibited confirming that your spouse has signed the same admitting to the adultery or consenting to the fact of divorce, if it is a divorce based upon 2 years separation.
4)       You will confirm again that the contents of the Statement of Arrangements for the children are still correct and you can identify the signature of the Respondent.