b”FAQ – Family Lawyers Dot Co
You may find the answers to your questions below:
Can I get divorced? Basically you cannot petition for divorce until you have been married for one year.
How long will it take and what is involved? When your spouse receives a copy of your petition, should they respond quickly, typically your divorce will take between 3 and 6 months. For further information view the Getting a Divorce page.
How much will it cost? You will need to pay a court fee when you file your divorce petition with the court. As from 01 July 2013 this costs 410. You will then be required to pay a further fee of 45 when you apply for your final decree absolute. It may be you qualify for a fee exemption or partial exemption depending on your financial means. Family Lawyers Dot Co will be happy to advise you on this.
What are the grounds for divorce? The simple answer is the irretrievable breakdown of your marriage. The irretrievable breakdown of your marriage must be proved by your spouses adultery; your spouses unreasonable behaviour; desertion by your spouse for at least two years; separation for two years with the consent of your spouse, or, separation for a period of five years without consent.
When can I apply for the Decree Nisi to be made absolute? You can apply for your Decree Nisi to be made absolute six weeks and one day after your Decree Nisi was issued.
Am I automatically entitled to divorce my spouse if we have been separated for two years? Only if your spouse consents to the divorce.
I do not know the responent’s address. Can I still divorce? It would be necessary to prove you had used your best efforts to discover your spouses whereabouts. For example, such efforts might include contacting his/her family members, his/her place of work and any clubs/societies that he/she may belong to. Should it be that your spouses address remains a mystery, an application can be made to the court to dismiss with the service of the petition to your spouse.
If my spouse does not return the Acknowledgement of Service form, what happens then? It can be arranged for the court bailiff to personally serve the divorce documents on the respondent. The court bailiff, given that his efforts are successful, will then swear an affidavit confirming this. If your spouse still fails to respond, an application for Special Procedure can be made. This simply means the affidavit previously sworn by the bailiff becomes evidence to that service and is used as an exhibit. This would demand youpaying a further fixed fee to the court for this service. Your spouse is then afforded 29 days to respond from the date of service. Should they fail to do so you can then apply for the Decree Nisi.
As the petitioner, should I not apply for the Decree Absolute, can the respondent do so? The short answer is yes, but he/she must wait for three months and then only if the parties to the divorce have not reconciled.
My spouse has got our Marriage Certificate and will not give it to me. What can I do? An original marriage certificate can be obtained by contacting the appropriate registry office or church office. You will need to provide the names of both parties and the date of your marriage. You will then receive an original marriage certificate in exchange for a fee. Family Lawyers Dot Co are happy to do this on your behalf.
If my Marriage Certificate is in a foreign language, what do I do then? A qualified translator will be required to translate your marriage certificate into English. This would then be sworn and can then be lodged with the court together with your original marriage certificate and the translators sworn statement. Family Lawyers Dot Co will be happy to instruct a translator on your behalf.
Must I pay the court fee if I am on a low income, benefits or unemployed? Evidence of your means would be required and you would need to complete a fee exemption form. Your means can then be assessed and you may qualify for a complete exemption or a part exemption. Family Lawyers Dot Co will be happy explore this for you.
My spouse lives abroad. Can I still divorce? If either you or your spouse are domiciled or habitually resident (for a year) in England and Wales, the answer is, yes.
Must financial matters be completely agreed in advance of proceeding with my divorce? While it is recommended financial matters are resolved before divorce, it is not essential. However, you could expose yourself to risk should you remarry. It could be that you would lose your right to have such matters reviewed by the court. It would be possible for your spouse to instigate a claim against your estate should you die. Fortunately such claims do not always succeed. Reaching an agreement on financial matters is therefore very wise. Family Lawyers Dot Co will be happy to assist you with this.
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.
What if we were married abroad? This makes no difference. However, should your marriage certificate not be in the English language, a notarised translation will be required. Family Lawyers Dot Co can arrange for this to be completed on your behalf.
What if either or both of us are foreign nationals? Again, this will make no difference as long as either of you are habitually resident in England and Wales. Given that the rules on this are somewhat complex, please contact us for clarification.
What if either of us is resident abroad? If the other party is habitually resident in England or Wales, this will make no difference.
If I have committed adultery, can I use this fact in my petition? In these circumstance you would need your spouse to petition for divorce.
My spouse and I are separated. Can I rely on my spouse’s adultery? Yes.
Should we continue to live together in the same property, can I still rely on the grounds of adultery or unreasonable behaviour? If you have not lived together for a combined total period of six months prior to the date of your divorce petition being lodged with the court, the answer is yes.”
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