Faqs
Can I still take divorce proceedings on the grounds of adultery or unreasonable behaviour even if we continue living together?
Yes, provided that, prior to the date that your divorce petition is presented to the Court, you have not lived together for a combined total period of more than six months.
Does it make any difference if we were married abroad?
No, but if the marriage certificate is in another language then you need to obtain a notarised translation.
What if I live in England and Wales and my spouse resides abroad. Is this a problem?
As long as you have been married for at least one year either partner of a marriage can apply for divorce to the court in England and Wales. One party must have lived in England or Wales for at least the year previous to the divorce application. If you have married abroad and now wish to divorce then you can apply for a divorce in England/Wales but you must have been domiciled or habitually resident in England or Wales for one year to apply for a divorce.
Can I keep my surname when I am divorced?
Yes - Many people decided to keep their partners surname, usually because they have children and want to keep the surnames the same. You can however change to you maiden name. You'll need to contact banks, passport agency etc, informing them of your divorce and that you wish to revert to your maiden name. You can also do this at any time with a deed poll.
How long does it take for the Decree Absolute to be made?
After 6 weeks and 1 day after the Decree Nisi has been made you can apply for it to be made absolute.
Do arrangements for the children need to be agreed before starting Divorce proceedings?
As with financial issues, you do not have to agree everything regarding the children but it is a good idea to do so. To proceed with your divorce you must satisfy the court that the arrangements for the children are the best that can be achieved in the circumstances. This is done by the Petitioner completing a Statement for Arrangements for Children form setting out their proposals for the arrangements of the children and is provided within our Divorce packages if it is required.
If no agreement can be reached then an order can be sought from the Court, however they are reluctant to grant such orders unless absolutely necessary.
Does a Financial Settlement need to be agreed before starting the Divorce process?
No agreement is required, however, it is recommended to agree these issues before initiating the Divorce. If you do not agree financial matters between you, your former spouse can bring claims against you after the divorce and may even be able to make a claim against your estate in the event of your death. It is therefore wise to reach an agreement over financial matters and have that agreement incorporated into “a Consent Order” (link this to consent order).
What if my Spouse doesn’t return the Acknowledgement of Service?
If your spouse does not return the Acknowledgement of Service to the Court then you would need to make a request to the Court for the Court Bailiff to personally serve the Divorce documents on the Respondent. The Bailiff will then make a sworn Affidavit confirming that this has taken place. We can provide you with the necessary documents to make this request for FREE if it is required.
The Respondent then has 29 days to file a defence. If the Respondent still does not respond then you can apply for the Decree Nisi.
How Do I find my local County Court?
You can find you local County Court by using the Free Court Search Finder.
My Marriage Certificate is in a foreign language
You will need to have it translated and sworn by an expert who should then provide a statement. This should then be sent along with the normal Divorce petition documents, including the original Marriage Certificate.
Do I need my Marriage Certificate?
Yes it will need to be sent along with your Divorce Petition. If you are unable to find this, a certified copy can be provided by the relevant Registry Office for a small fee.
What grounds can I use for a divorce?
The only grounds for a Divorce is that the marriage has Irretrievably broken down. This can be proven using one or more of the following:
* Adultery;
* 2 years separation with consent to the Divorce by the Respondent;
* Unreasonable behaviour;
* Desertion;
* 5 years of separation.
How long do I need to have been married before I can apply for a Divorce?
You must have been married for at least a year before you can petition for a Divorce.
How Much Will the Divorce Cost?
Court Fees are obligatory to any Divorce in England and Wales and are on top of any legal costs incurred. A Solicitor will add these costs to their own fees. The Court Fees are £340 (payable at the Petition stage) and £45 (at the Divorce Absolute stage), however, your financial situation may mean that you do not have to pay these Fees.
How long can I expect the Divorce process to take?
The process usually takes between 3 to 4 months to complete.
