DIVORCE - FAQ
You will find a list of frequently asked questions below. Just click on the question and the answer will be displayed. If you have a question that is not answered below, then please email us and we will do our best to answer your question.
Frequently Asked Questions
DIVORCE - FAQ ANSWER
Here is the answer to your Divorce question. We hope that you find it helpful.
Question: How long does it take to get divorced ?
Answer:
The normal divorce takes between 4 and 5 months, on the basis that it is not defended.
Question: What are the likely costs?
Answer:
Currently the court fees are £180.00 when you file the divorce petition with the court and £30.00 when you apply for your final divorce decree. An indication of Solicitor Fees will be given upon request.
Question: How long do I have to be married before I can get a divorce?
Answer:
One year.
Question: What are the grounds for a divorce?
Answer:
Since the Divorce Reform Act 1969, which came into force on 1 January 1971 there has been just one ground for divorce and judicial separation - irretrievable breakdown of marriage. However, you have to prove irretrievable breakdown in one of five different ways as provided for by the Matrimonial Causes Act 1973. These are: adultery, unreasonable behaviour, desertion for two years, separation for two years where the other party consents, and separation for five years (no consent needed).
Question: Do I have to agree all financial matters before I start divorce proceedings?
Answer:
No, you do not - but it is a good idea to do so. If you ignore the financial issues and remarry, you may lose the right to have the matrimonial financial affairs reviewed by the court. Many people do not realise that your ex. can make a claim against your estate after you die or after you have divorced. There are special rules, and a claim will not succeed in every case, but it is wise to get an agreement on finances and if appropriate obtain a 'clean break' order. To see our information - financial settlements section click here. If you and your spouse cannot agree on financial issues you may want to consider Mediation Service (refer to services)
Question: Do I have to agree all arrangements for the children before divorce proceedings?
Answer:
As with financial issues, you do not have to agree everything regarding the children but it would be a good idea to do so. To get your divorce you have to show that the arrangements for the children are satisfactory or the best that can be devised in the circumstances. In the context of divorce proceedings you can apply for orders relating to residence and contact but the court is reluctant to grant such orders unless it is absolutely necessary. You will have to show why it is impossible to agree.
Question: What happens if I do not know where my spouse is living?
Answer:
You must make reasonable enquiries to locate your spouse and if you still cannot get the address then you can apply to the court for an order that service be dispensed with. We can show you how.
Question: What happens if my spouse refuses to acknowledge receipt of the divorce papers?
Answer:
You can arrange service by the court bailiff. We can show you how.
Question: Does it make any difference if we were married abroad?
Answer:
No, but if the marriage certificate is in another language then you need to obtain a notarised translation.
Question: Can I rely on my own adultery for a divorce?
Answer:
Afraid not, in this circumstance you will have to ask your spouse to divorce you.
Question: If I want to rely on my spouse's adultery after we are separated will it still count?
Answer:
Yes.
