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5 Cards in this Set
- Front
- Back
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S1(1) MCA 1973 |
Only one ground for divorce - that the marriage has broken down irretrievably this must be based on one of 5 facts |
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Fact B s1(2)(b) MCA1973 |
Respondent has behaved in such a way that the respondent cannot reasonably be expected to live with them |
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Docs required |
Marriage certificate, certificate of reconciliation, Application form (D8), court fee or application for help with fees (in cases of domestic violence applicants are entitled to legal aid under LASPO 2012) |
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Serving application |
Application is usually served by post but can be served in person if required. Respondent has 7 days to return acknowledgement of service. |
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Procedure |
Following receipt of Acknowlegement of Service, applicant must submit an application for decree nisi and statement in support of divorce on form D80A-E. Consideration will be given by court before issuing a certificate stating that the applicant is entitled to a decree. Court sends decree nisi to both parties following pronouncement in court. There is a 6 week waiting period. Decree absolute can be applied for 6 weeks and 1 day after decree nisi is pronounced |
