Re: Summer 2015 | Page 89

them. Your spouse will have to pay a process server to have the papers served upon you. It is likely that as you have failed to acknowledge service of the petition within the timeframes set down by the court, that the court will order you to be responsible for the petitioner’s costs of the divorce including the process servers fees along with any additional expenses incurred. If petition is based upon adultery, the petitioner would have to provide evidence of the adultery – for example providing an admission in correspondence. If the petitioner is unable to provide evidence of the adultery, they may have to seek permission from the court to amend the petition. In such cases, the petition is usually amended to an unreasonable behaviour petition. Be aware that there is a court fee for applying to amend a Petition and therefore if you are the petitioner and have no evidence of your spouses adultery and you are concerned that t hey may not acknowledge service, it may be advisable to file an unreasonable behaviour petition instead. This can still refer to your spouse’s adultery if you wish. Q.4 What does it mean when the Decree Nisi is pronounced? The Decree Nisi is an important step in the divorce process. It confirms that you have sufficiently satisfied the court that you are entitled to a divorce. Importantly, once the Decree Nisi has been pronounced it is possible to file a Consent Order with the court setting out the financial agreement reached between yourself and your spouse for the district judges’ approval. Once approved and sealed by the court, the agreement will be binding. It is not possible to secure this binding agreement until the Decree Nisi has been pronounced. Even if you have a written or oral agreement with your spouse about the financial arrangements, this may be persuasive but it will not be binding. Therefore, it is risky to proceed without the protection of a Consent Order or Court Order, as you can still make further claims against each other for financial provision now, in the future or after death. Q5. When will I be divorced? The divorce process usually takes between three to six months depending upon how quickly you proceed and how promptly the court are able to process the papers. You will be divorced and free to remarry upon pronouncement of your Decree Absolute, which is the final stage of the divorce. You can apply for your Decree Absolute six weeks and one day from the date of pronouncement of your Decree Nisi. However, the best advice