Divorce is the process by which an opposite-sex or a same-sex marriage may be terminated. The divorce process is in two stages. The decree nisi is the first stage: the marriage will be terminated in due course unless (nisi) in the meantime the parties become reconciled. It is the decree absolute...
Divorce (Part 1)
Introducton:
In 2016 – 106,959 divorces granted. (Ofce of Natonaa tatstcsc.
Decree absoaute is the most common decree granted under the MCA 1973. (The
other two being a Decree of Nullity and a Decree of Judicial Separatooc.
This area of aaw in need of reform.
The Divorce process
Divorce proceedings are issued in the Family Court.
No requirement to atend court unaess defended. Very rare.
Paper process by faing form D8
htp://formfnder.hmctsformfnder.juustce.gov.u//d8-eng.pdf
Divorce/dissoauton of a Civia partnership/ Judiciaa separaton Petton and the
marriage certfcate.
No scrutny of chiad arrangements since aboaiton of Sectoo 41 MCA 1973.
2 stage process- Decree Nisi-Decree Absoaute.
Decree Nisi
This decree does oot eod the marriage.
If either party remarry on the decree nisi being pronounced, the marriage is void.
[Maochaoda v Maochaoda [1995] 2 FLR 590].
Waitng period of 6 weeks before the decree absoaute can be appaied for- to give
the partes tme to refect.
Either party may appay to have the decree nisi rescinded. E.g. S v S (Rescissioo of
Decree Nisi: Peosioo shariog provisioo) [2002] 1FLR 457.
Decree Absolute.
Pettoner can appay for the decree absoaute afer the expiry of 6 wee/s. Sectoo 1(5)
MCA 1973.
If the Pettoner faias to do so the Respondent can appay 3 months afer the earaiest
date on which the Pettoner couad appay – Sectoo 9(2) MCA 1973.
The marriage ceases as soon as the decree absoaute is granted.
The substantve law – One-year tie bar.
Sectoo 3(1): No pettoo for divorce shaaa be presented to the court before the
expiraton of the period of one year from the date of the marriage.
Ratonaae: to encourage the partes to sort maters out/ not give up too easiay.
Compare with the 3-year statutory bar under Sectoo 13(2).
Can appay for a decree of oullity the day afer the marriage.
Sectoo 3(2): Can present a petton based on maters which occurred during the
first year of marriage.
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