FAQ About Divorce
I have been married for less than a year – can I still get a divorce?
No - you need to be married 12 months before you can start proceedings.
What are the grounds for divorce?
There is only one ground for divorce and that is that your marriage has irretrievably broken down. You have to prove this based on one of five facts namely – that your spouse has committed adultery, your spouse has behaved in an unreasonable manner, your spouse has deserted you for two years, you have been separated for 2 years and your spouse consents to the divorce or you have been separated for 5 years from your spouse (no consent required).
What are the Court fees?
£340 to issue the Petition and £45 for the Decree Absolute.
I am on a low income – do I still have to pay my Court fees?
You can apply to the Court for an exemption from your fees or remission. Once you have purchased one of our services the forms and guide to completing the form can be downloaded.
I do not know where my spouse is – can I still get a divorce?
You will need to find an address for your spouse. It is only in very limited circumstances a Court will grant a divorce without knowing where your spouse is. You may have to instruct a private detective to find your spouse.
I have had an affair – can I divorce my spouse?
You cannot divorce yourself on your own adultery. Your spouse will have to divorce you.
Will I need my marriage certificate?
Yes, the original not a photocopy. The Court will keep this. If your marriage certificate is in a foreign language you will need to supply a translation into English from a person authorised for translations and the translation should be signed by a notary public or be authenticated by a statement of truth.
How long does the divorce process take?
This varies from Court to Court however expect it to take between 3 and 6 months.
We are still living together – does that matter?
No, however you will need to show the Court that you have lived separate lives for example not sleeping in the same room, taking meals together, not doing chores for each other, separated utility bills, not socialising together.
One or both of us are foreign nationals – can we still divorce in this country?
Yes, there are complicated rules therefore please email us.
What about our assets?
It is a good idea to try and agree how to divide your assets and or liabilities. We refer you to our guide on financial matters available in the secure client log in area.
What about the children?
It is a good idea to try and agree with your spouse about the arrangements for your children. To obtain a divorce you have to show the Court that the arrangements for the children are satisfactory.
Why is your service cheaper than a high street solicitor?
We are an online service and therefore do not have the overheads of a high street practice.