In this month's article I shall be outlining the various procedural steps in obtaining the divorce procedure.
The divorce has two stages. First, the court has to be satisfied that the irretrievable breakdown of the marriage has been proven. If it is satisfied of this, the court will grant an order known as the 'decree nisi.' This is a preliminary order which does not end the marriage.
Thereafter, you will have to wait six weeks and one day before you can proceed to the second stage, where you apply for a 'decree absolute.' This is the final order which ends the marriage. The time-gap is intended to give both parties a chance to reflect and make sure that they really want to divorce.
Once you have the decree absolute and the marriage is finally at an end, you are free to remarry. If there are no complications, you should be able to receive a 'decree absolute' in approximately four to six months from the date on which you issue the petition.
You can separate from your spouse without divorcing. Some people object to divorce for various reasons.
A court may grant a 'decree of separation' instead of a decree absolute if the couple asks for it. The same factors that are necessary for divorce are required for the granting of a decree of separation, except that there is no need to prove that the marriage has broken down irretrievably.
A decree of separation means that the spouses are not obliged to continue living with one another. However, they remain married to each other and cannot marry anyone else.
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