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Affidavit in Support of Petition

 

Once the Acknowledgement of Service form has been to your solicitor by

the court, your solicitor will then prepare a Request for Directions for Trial

form and an Affidavit in Support of the Petition. This latter document is a

sworn statement confirming that the information you have given in the

Petition is true and it identifies the Respondent’s signature on the Acknowledgment of Service form.

 

All the paperwork then goes before a District Judge to consider whether a divorce should be granted and to consider the arrangements proposed for any children.

 

Decree Nisi

 

The Decree Nisi is the provisional divorce order. You will remain married until the Decree Nisi has been made ‘absolute’.

 

The District Judge will look at the documents before him or her and will approve the contents if all is in order. A court date will then be set to confirm that you have established the grounds for divorce and the court is satisfied that the marriage is broken down irretrievably. The court will issue a Certificate of Entitlement to a decree confirming these details. Neither you, nor the Respondent, are expected to attend court for the pronouncement of the Decree Nisi, unless there is a dispute over payment of court fees.

 

Decree Absolute

 

Once you have received the Decree Nisi, you must wait for 6 weeks before applying for the Decree Absolute, by sending another application form to the Court together with a further Court fee. The Decree Absolute legally ends the marriage.

 

The Decree Absolute is an important legal document and should be kept in a secure place. It can affect any Will made prior to its pronouncement and you should consider making a revised or a new Will. Secondly, the parties are free to remarry.

 

How Long Does It All Take?

 

It usually takes about five months to obtain a straightforward divorce (i.e. where the divorce is not defended by your spouse and the facts are clear cut) – and, even then, this depends on how quickly each party returns the various forms to the Court and on how busy the Court is.

 

To discuss the procedure and costs further please contact this office.

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