The Divorce Process

At Banner Jones Solicitors our expert team in Chesterfield and Sheffield are here to guide you through the divorce process step by step.  We know that you will have lots of questions about your specific circumstances but here is our  basic guide to the divorce process so that you know roughly what to expect.

Remember, to start divorce proceedings you need to establish:

• You have been married for more than a year
• The English Court has the jurisdiction to divorce you
• Your marriage has "irretrievably broken down" supported by one of the five grounds for divorce

Divorce: STAGE 1

It may surprise you to learn that the legal process of “divorce” is more often than not, a paper exercise and no-one usually attends Court.

We will prepare a form called a "divorce petition" to start proceedings. It confirms to the Court that your marriage has irretrievably broken down by reason of one of five grounds for divorce.

 You will need to provide:

• A marriage certificate (we can help you get a copy if you don’t have one)
• Court fee

We will then send the petition to the Court to start your divorce. Your spouse receives a copy of the petition and a form which he/she has to complete and return to the court

Divorce: STAGE 2

We prepare a form to confirm to the Court what, if anything has changed, since the divorce proceedings were started.   We send this form to the Court and the District Judge decides if you have sufficient grounds to divorce your husband / wife. 

If so, the Court send us a certificate called a Decree Nisi.

The Decree Nisi is the half way stage in the divorce process.  

You will need to provide:  Court fee

Divorce: STAGE 3

6 weeks and a day after Decree Nisi, we will  prepare your application for Decree Absolute. This is the final decree in the divorce process.  

We will send this to the Court.

The Decree Absolute brings your marriage to an end and leaves you free to re-marry.

In terms of timings the average length of an uncontested divorce is usually around 6 months but this depends on the complexity of your circumstances and how amicable both parties are in agreeing the solution.

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