No fault divorce – sole application – what is the process?
- The applicant completes the application for divorce and uploads the Marriage Certificate. The court will issue the application. The application is served on (sent to) the spouse, the respondent to the application, either by the applicant or the court.
- Where the applicant is serving the application, they must do so before midnight on the calendar day 28 days after the date of issue of the application.
- Where the court is serving the application, an email link will be sent to the respondent. The link will allow the respondent to view the application and acknowledge service. The respondent will also be sent a notice by post.
- If no email address has been provided for the respondent, the court will send the application to the respondent in the post.
- After the application has been acknowledged and 20 weeks has passed since the issue of the divorce application, the applicant can apply for a conditional order.
- 6 weeks after the conditional order, the applicant can apply for the final order.
The purpose of the 20-week delay between issue of the application and being able to apply for the conditional order is to give the parties time to reflect and to resolve child arrangements and financial matters.