A divorce application is lodged at court. The application will state that the marriage has broken down irretrievably. The application can be a sole application or joint.
On a sole application the applicant decides whether the court is to post the application out to the respondent or whether he or she will arrange for the respondent to receive it. This is called “service”.
There is no need to serve the paperwork in the case of a joint application however the court will notify each side that proceedings have begun.
The respondent will need to fill in a form of acknowledgement and return it to the court within 14 days of the date of service. A longer period applies if the respondent lives outside England and Wales
In some cases, the respondent will not complete and return the forms as requested. In these circumstances, the applicant can apply to court for an order that the respondent did, in fact, receive the divorce application. This enables the divorce application to proceed to the next stage.
20 weeks after the divorce application has been made the applicant or applicants can apply for a conditional divorce order.
Throughout this process, neither party has to attend court.
6 weeks after a conditional order is made the applicant can file a notice of application at court on Form D36 to turn the conditional order into a final order of divorce or dissolution.
From our offices in London we are able to serve clients from the surrounding area including Godalming, Guildford and Woking. You can contact us at our central London office.
Or call us: +44 (0)20 7430 8470