Divorce
The chances are that during our lifetime every one of us will be directly affected by divorce or know someone close to us who is.
Sometimes divorce is avoidable. Sometimes counselling really can help. So, before you embark on a divorce, please consider visiting the Relate website by clicking here
Below are some of the most common questions about divorce:
1. What
are the grounds for divorce?
2.
So
why do we talk about “adultery” for example or “
unreasonable behaviour” or
“by consent”?
3. How long does a
divorce take?
4.
What happens to the
children?
5.
What happens to our
property?
6. What if my husband/wife doesn’t agree to a divorce?
7.
How much does a divorce cost?
Q.
What
are the grounds for divorce?
A. There is only one ground for divorce. That is that your marriage has
irretrievably broken down. Back to top
Q. So why do we talk about “adultery” for example or “unreasonable behaviour” or “by consent”?
A.The law states that there can only be five possible reasons for the irretrievable breakdown of a marriage. They are:
(i)
Adultery or
(ii)
Unreasonable Behaviour or
(iii)
Two Years Separation where you both
consent to a divorce or
(iv)
Two Years Desertion or
(v) Five Years Separation where no consent is needed Back to top
You have to choose the one that is most appropriate to you to prepare your divorce petition. Where there are two or more options available, a solicitor can help you decide which one is most appropriate for your situation.
Q. How long does a divorce take?
A. There are usually four stages to a divorce.
I Issue
Firstly the proceedings are “issued”. This mean that the Petition and any supporting documents, including the Court fee, are sent to the Court where they are given a case number. Normally the Court posts a copy of the Petition to your husband/wife.
II Service
With the copy Petition, your husband/wife will receive any proposals you have for any children of the family and a form called an “Acknowledgement of Service” to complete and return to the Court.
III.Decree Nisi
A copy of the Acknowledgement of Service is sent to you by the Court and you can then apply for your decree nisi. Approximately 3-4 weeks later you will be told whether the District Judge has certified that you are entitled to a decree nisi or not and whether he/she is satisfied with the proposals for the children. If all of the paperwork is in order, your decree nisi should be pronounced by the Court about 4-6 weeks after this.
IV.Decree Absolute
Six weeks and one day
after the decree nisi, you can apply for it to be made absolute.
You are now finally divorced. The whole process should take around 4-6 months. Back to top
Q.What happens to the children?
A.Whoever begins the proceedings for divorce is called the “Petitioner”. The Petitioner has to fill in a form called a “Statement of Arrangements for Children”.This form sets out basic details about the children and any proposals for contact and where the children are going to live. The “Respondent” (the person receiving the petition) can either sign the form to say that these proposals are agreed, or can file their own form if they do not agree. More details on what you can do if there is a dispute about the children can be found on our “Children” page..
Q.What happens to our
property?
A. This is often the most difficult part of separation to sort out. The information on the property anddivorce pages will help you to understand the general process. But no two cases are identical and you should seek specific advice on your particular circumstances, before entering into any agreement with your husband/wife. Mistakes can be difficult to rectify later.
Q.What if my husband or wife won't agree to a divorce?
A.If your husband/wife is at fault (that is to say that they have committed adultery or behaved unreasonably or deserted you), you will not need their agreement to become divorced. Neither will you if you have been separated for five years or more, but in this case, he/she can ask for the decree absolute to be held back until financialmattershave been sorted out. However, you may have to prove the adultery, desertion or behaviour you are alleging.
Q.How much does divorce cost?
A.Currently, the court service charges £300 to issue a divorce petition and £40 fro a decree absolute. In addition, if you use a solicitor to complete the forms for you, they will make a charge.
The amount a solicitor charges can differ greatly from firm to firm. Phone a couple and ask for a quote. Take advantage of initial free interviews to find out more about the overall cost and make a note of the charging rate.
Where divorce is not so straightforward, there may be additional charges such as a Bailiff fee. This ranges from £30 for the court bailiff to around £80 for a private enquiry agent.
Q. Who pays for the divorce? Back to top
A.You should always expect to pay your own fees, including any solicitor's bill you may have. In some cases, it may be fair for the Court to order the other party to reimburse you by making an “Order for costs”, but this does not remove your obligation to pay your bill. The rules on costs are complicated. Sometimes in a divorce it is fair to share the bill with your husband/wife.Sometimes you may not feel like pushing for the costs to be paid if you can reach a compromise in other ways. You should ask for specific advice in your individual case from your Solicitor
