FAQs about Divorce

I want to get divorced.  What does the law require?

You must be have been married for longer than 12 months and show that one of five grounds applies to the extent that the marriage has irretrievably broken down.  These five grounds are:

  • Separation of two years of longer and consent from both parties to divorce
  • Separation of five years or longer
  • The exhibition of unreasonable behaviour
  • Adultery
  • Desertion of two or more years

I want to get separated.  What is involved?

Judicial separation is not radically different from getting divorced.  You still have to show one of the above relevant grounds, although there is no requirement that you should have been married for one year or longer.   One decree, a decree of separation, is only required, where two decrees are required for divorce (see below).

How long does it typically take to get divorce?

Bar any disputes and all things being equal, three to six months.   A decree nisi is issued stating a divorce will be legally complete after six weeks and one day.  The decree absolute is issued after this period and makes the divorce legally complete.

Disputes over children and particularly matrimonial assets will slow the process down and where possible it is best to try and keep disputes out of court, although we fully understand that this may not be possible especially where a relationship has broken unfavourably.

The petitioner hasn’t applied for the decree absolute.  Is the respondent entitled to apply?

Yes the respondent is entitled to apply for the decree absolute provided that four and a half months have passed since the decree nisi was issued.

The respondent refuses to acknowledge the service form.  What can I do?

You will have to use the services of a process server or court bailiff to ensure that the papers are properly served.

How much are the court fees for divorce?

To file the petition with the court, the fees are £300 and the decree absolute costs £40.

My spouse has gone missing, can I get divorced?

You are entitled to make an application to the courts, although the situation is complicated if you are using two year separation or adultery grounds.

My partner has locked my out.  What can I do?

If you co-own the property with your partner, then it is your legal right to live in it.  You can ask you solicitor to request your partner to let you in the property using soft means (letters) or apply to the court for an order.  If, however, there is an allegation of violence, an injunction stating that the violent partner must stay away from the property may be granted.

What do you mean by ancillary relief?

Ancillary relief is used to request the court to rule on the distribution of matrimonial assets and property.

What’s the legal status of pre-nuptial agreements?

Pre-nuptial agreements are not entirely legally binding, although courts are becoming increasingly accepting of them provided that both parties sought independent advice prior to signing the agreement, there was full financial disclosure and the marriage has not changed such that the agreement becomes no longer relevant.  The birth of children, for example, will change a marriage in this way.

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