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There are many stages to the divorce process, and you are officially divorced from your spouse only when the court has granted your Decree Absolute. The entire process can take between 6 to 12 months, however this can vary from case to case.
The first stage of the divorce process is for one of the parties to lodge a divorce petition to the court. It does not matter for financial purposes which spouse makes the application for a divorce. It is hoped that in the near future divorcing couples may be able to apply for a divorce jointly on a ‘no fault’ basis, however the current position requires only one party to lodge a petition.
The court will consider the contents of the petition and set a date for the Decree Nisi to be pronounced. You are not yet divorced at the Decree Nisi stage. However, obtaining the Decree Nisi enables you to make an application to the court for financial remedies such as sealing a consent order or beginning Financial Remedy proceedings.
The petitioner in the divorce can then apply for the Decree Nisi to be made Absolute 6 weeks and 1 day after the date of the Decree Nisi. However, it is common for the petitioner not to make the Decree Absolute application until all the financial aspects of the case are resolved.
From the date the Decree Absolute is made by the court, you are then officially divorced and are able to remarry. If you did not resolve financial matters prior to obtaining the Decree Absolute, it is still possible to do so afterwards. You should be wary of getting remarried prior to financial matters being resolved as this could compromise your claims.
If you are the respondent in divorce proceedings and your spouse is refusing to make the Decree Absolute application, you are able to make the Decree Absolute application yourself 4 and a half months after the Decree Nisi. The court will usually grant the application unless there is a good reason not to do so.
Contact us
If you have any further questions regarding divorce proceedings, please do not hesitate to contact our expert Family Lawyers. We have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton and Birmingham. If you complete our online enquiry form, a member of our team will contact you for an initial discussion.
Alternatively contact Mark Vandaele, Head of Family Law, on 01902 796930 (mvandaele@georgegreen.co.uk)