FAQ's

Below are some regularly asked questions. We hope the answers will prove helpful to you.

When can I get divorced?

You can initiate divorce proceedings after you have been married for one year.

How long does the divorce process take and what is involved?

A typical divorce takes between 3 and 6 months. Much depends on whether or not your spouse responds quickly when he or she receives your petition. For what is involved have a look at the "Obtaining a Divorce" page on this web site.

What are the likely costs?

Currently the court fees are £300 when you file the divorce petition with the court and £40 when you apply for your final decree absolute.

Is paying through WorldPay safe?

WorldPay is the online division of the Royal Bank of Scotland, and uses extremely powerful encryption and secure servers. This system is used by thousands worldwide everyday and is far safer than over-the-phone transactions.

What are the grounds for a divorce?

There is just one ground for divorce - irretrievable breakdown of marriage. However, you have to prove irretrievable breakdown in one of five different ways. These are: adultery, unreasonable behaviour, desertion for two years, separation for two years with consent from the other party, and separation for five years where no consent is needed.

How long do I have to wait before I can apply for the Decree Nisi to be made absolute?

Six weeks and one day. After this you can apply for the decree absolute.

If I have been separated for 2 years am I automatically entitled to a divorce?

No, you would need the other party's consent.

What if I don't know the other party's address?

You need to prove that you have made serious efforts to find your spouse such as contacting members of their family or asking their friends or their place of work. If you really cannot find out an address for your spouse, we can apply to the court for an application to dismiss with service of the petition.

What if the respondent does not return the acknowledgement of service form?

You will need to arrange for the court bailiff to personally serve the divorce documents on the respondent. If successful, the court bailiff then swears an affidavit confirming service. Should the respondent still not respond, you proceed to the next stage which is an application for Special Procedure whereby you use the baliff's sworn affidavit as an exhibit. You will have to pay the court a fixed fee for this service. From the date of service, you must allow 29 days for your spouse to respond. If they do not, you can then apply for the Decree Nisi which is the first decree in your divorce.

What if the petitioner does not apply for the Decree Absolute, can the respondent apply?

Yes, providing 3 months have elapsed and the parties have not reconciled.

What if I cannot find the original marriage certificate?

You can contact the relevant registry office or church office providing them with the parties' names and date of marriage. They will provide you with the original marriage certificate for a fee. Alternatively we can obtain a copy for you.

What if the marriage certificate is in a foreign language?

In this case the marriage certificate needs to be translated into English by a qualified translator who would then have it sworn. We then lodge the original marriage certificate with the Court alongside the translation and the translator's sworn statement.

What if I am on low income or unemployed; do I still have to pay the Court Fee?

You may be exempt. You would need to complete the fee exemption form, providing evidence of your means. The court staff will make an assessment as to whether you qualify.

What if I live in England and Wales and my spouse resides abroad. Is this a problem?

No, provided one of you is either domiciled or habitually resident (for a year) in England and Wales, you can proceed with your divorce. Please see our International Service Page for more information.

Do I have to agree all financial matters before I start divorce proceedings?

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 former spouse can make a claim against your estate after you die. There are special rules, and a claim will not succeed in every case, but it is wise to get an agreement on finances.

Do I have to agree all arrangements for the children before divorce proceedings?

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.

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.

Does it make any difference if either or both of us are foreign nationals?

No, provided either of you are habitually resident in England and Wales. There are complicated rules and if you are unsure please e-mail us on admin@divorce-solicitors-online.com

Does it make any difference if either of us is resident abroad?

No, provided the other is habitually resident here.

Can I rely on my own adultery for a divorce?

No. You will have to ask your spouse to divorce you.

If I want to rely on my spouse's adultery after we are separated will it still count?

Yes.

Can I still take divorce proceedings on the grounds of adultery or unreasonable behaviour even if we continue living together?

If we want to use the ground of separation by consent, do I have to get my spouse's consent before I start the divorce action?

No, your spouse will be given an opportunity to consent on the acknowledgement form when he/she receives the papers from the Court. It is, however, obviously sensible to ensure your spouse has agreed to indicate his or her consent in the Acknowledgement of Service.