Swearing that the contents of your affidavit are true
You should take the following documents to either your local County Court or any solicitors office to be “sworn”:
- Your Affidavit in support of the petition
- the Acknowledgement of service as filed by the Respondent or certificate of bailiff service
- if applicable, the statement of arrangements for children signed by the Respondent
You can take these documents to your local county court office (which will be open between 10am and 4pm) without an appointment. You may need to make an appointment if you take the documents to a solicitors’ office. Swearing documents at a County Court office is free, but a solicitor will charge a standard fee of there is a standard fee of £5.00 for the affidavit and £2.00 for each supplemental document, i.e. acknowledgement, statement of arrangement for children or supplemental report or other evidence.
The Court or the solicitor will ask you to swear that the contents of the Affidavit are true. You will be asked if you have a religion and if you wish to make an oath on the appropriate religious book, that the contents of the Affidavit are true, or if you do not have a religion you will affirm that the contents of the Affidavit are true.
Swearing a document in this manner means the contents are true. If the contents are not true then Court will take a very dim view and this would be tantamount to perjury, which is the criminal offence of lying to the Court.
Filing your affidavit and application for directions for trial with the Court
Once the above documentation has been sworn, you need to send all of it together with the completed Application for Directions for Trial to the Court and the Judge will then consider whether he/she is satisfied that you have proved your petition for a divorce.
If the Judge is satisfied that you have proved your petition for divorce
The Judge will do the following:
- complete a certificate stating that you are entitled to a Decree Nisi, and the Court will send you a copy
- fix the date for the Decree Nisi to be read out in open Court
- if you have asked for costs in the petition and confirmed this within your affidavit, the Judge will make an order for costs if he/she considers that you are entitled to them.
- if the Judge considers that he cannot make an Order without further information, he/she can require from the Respondent to set out his written reasons why a costs order should not be made, or refer the matter to the Judge when pronouncing Decree Nisi. If this occurs then the Respondent will be notified that he/she must attend court on the date of the pronouncement of the Decree Nisi to make his/her case. If the Respondent fails to attend at that hearing, ultimately the Court will make a costs order in favour of the person who requested it, i.e. the Petitioner
- Consider whether he/she needs to intervene with respect to arrangements of the children
You will receive a document known as Certificate of Entitlement to a Decree Nisi from the Court. This will inform both you and the Respondent of the date upon which the Decree Nisi will be pronounced and whether or not the Judge is considering making a costs order on that occasion.
If the Judge is not satisfied that you have proved your petition for divorce
If the Judge is not satisfied that you have proved your case, he/she can ask you to provide further evidence which would clarify any queries he/she has in relation to the divorce petition or the affidavit in support. Common problems are often in relation to the issue of confirmed cohabitation in a period of claimed separation or the continued cohabitation between the Petitioner and the Respondent after the last incident of unreasonable behaviour or allegations of adultery.
f there is a problem that cannot be resolved by the Judge requesting further information, you will need to receive advice from a solicitor as to how to proceed.
Decree Nisi
The Decree Nisi will be read out on the appointed day by the Judge in open Court and a copy of the Decree Nisi will be sent to both parties. This Decree does not dissolve the marriage.
Obtaining Decree Absolute
The final step to completing the undefended divorce is to obtain a Decree Absolute, thus dissolving your marriage to the Respondent.
When can I or the Respondent apply for Decree Absolute?
You can only apply for a Decree Absolute once six weeks and one day has passed since the date of Decree Nisi.
Your spouse can apply for the Decree Absolute three months after you can apply for it.
In some rare cases the Court has the power to reduce the six week period for the Petitioner but you will have to apply to the Court.
If you have assets that are joint assets then you must be aware of the implication of the dissolution of your marriage upon those assets, or if you have Matrimonial Right of Occupation this will be terminated upon the Decree Absolute being received. If you are in any doubt as to whether or not to apply for your Decree Absolute you must seek legal advice.
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