June 5, 2019

The Harmonious Divorce Process in 7 Steps

Step 1 Complete Questionnaire

The first step is for both parties to complete our harmonious divorce questionnaire. This document will enable us to draft a settlement agreement and parenting plan according to your specific instructions.

Estimated time: 1 – 3 days

Step 2 Drafting and Finalisation of Settlement Agreement

Once we have drafted your settlement agreement we will send it to the parties for consideration and approval. If both parties are happy with the contents we will send a PDF version for signature. The signed original settlement agreement must be delivered to us.

Estimated time: 1 – 2 weeks (depending on the availability of the parties and amount of changes to the agreement)

Step 3 Drafting and Issuing of Pleadings

The next step is to draft the legal documentation in which the court is asked for a decree of divorce on the terms as set out in the signed settlement agreement (Step 2). Here there are two important documents. The first is called a summons which is a standard court document that informs the Defendant that a legal action has been instituted against him/her. The second document is called a particulars of claim which sets out details about the parties, the marriage and the relief sought. The signed settlement agreement will be attached to the particulars of claim. Once the summons and particulars of claim has been drafted we will have it issued (case number allocated) at Court and sent to the sheriff for service on the Defendant.

Estimated time: 1 – 2 days

Step 4 Service of Legal Documents

Once the legal documentation has been issued at court we will send it to the sheriff for service on the Defendant. We usually provide the sheriff with the Defendant’s cell phone number so that arrangements can be made for the Defendant to collect the legal documents from the Sheriff’s office instead of having them served on him/her. If the Sheriff cannot get hold of the Defendant after a few attempts he/she will have the legal documentation served on the Defendant at their
home or work address.

Estimated time: 1 – 2 Weeks (Depends on the Sheriff’s workload)

Step 5 Wait 10 days

In terms of the rules of the court the parties have to wait 10 court days (since the day that the summons was served) to allow the Defendant time to decide whether they want to defend the divorce action. The 10 days waiting time applies even when the parties have signed a settlement agreement.

Estimated time: 10 court days (excludes weekends and public holidays)

Step 6 Set the Matter Down at Court

Once the period to defend has passed we will contact the Plaintiff to arrange a date to set the matter down at Court. Once we have a suitable date we will file a Notice of set down at court, prepare the court file and brief counsel. We will also send you an information pack setting out what you can expect on your day in court.

Estimated time: 4 – 7 days (Court must be given at least 3 days’ notice)

Step 7 Appear in Court

The final step is for one of the parties (usually the Plaintiff) to appear in Court. One the court day we will meet with counsel for a quick cup of coffee and rundown of what will happen in Court. We will then wait at Court until your matter is called. The appearing party will then answer a few brief questions asked by counsel in open court. If the Court is satisfied a decree of divorce will be granted and you will then be officially divorced.

Estimated time: 1 – 4 hours (Depending on the court roll)