FAQ’s

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 receive your petition. The divorce may also be delayed due to the division of matrimonial assetd as it is best to completely resolve this before you apply for the decree absolute. For more detail on what is involved have a look at the Four Stages to Divorce.

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.

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 with one of five facts.
These are:

Adultery
Unreasonable behaviour
Separated for two years and both parties consent to divorce
Separated for five years without consent
Desertion for at least two years

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. If consent is not given then you would need to start the process from the beginning after having the petition dismissed. You must be certain that the other party will consent.

What if I don't know the other party's address?
If you cannot find out from asking family and friends then you may need to engage the services of a private detective or tracing agent to help you discover the exact whereabouts of your spouse. The cost for this would be approximately £60.00 and if we cannot find him or her there would be no fee.

What if the respondent does not return the acknowledgement of service form?
You will need to arrange for a process server or a court bailiff to personally serve the divorce documents on the respondent. If successful, he then swears an affidavit confirming service. The next stage is to make an Application for Special Procedure list whereby the Process Servers sworn affidavit will be an exhibit as evidence of service. From the date of service, you must allow 14 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 4½ months have elapsed since decree nisi and the parties have not reconciled,the respondant can apply for permission to apply for the decree absolute.

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 (usually £7.00).

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 need to prepare a sworn statement confirming it is a true translation. You then need to lodge the original marriage certificate with the Court alongside the translation of the marriage certificate 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. This may delay your petition being issued.

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.

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. This is called the Remarriage Trap. Many people do not realise that your former spouse can make a claim against your estate in the future or 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 either or both of us are foreign nationals?
No, provided one of you are habitually resident in England and Wales.

Can I rely on my own adultery for a divorce?
No. You will have to ask your spouse to divorce you or rely upon a different fact.

If I want to rely on my spouse's adultery after we are separated will it still count?
Yes, as long as you have not reconciled following the adultery for a period of six months.

Can I still initiate divorce proceedings on the grounds of adultery, unreasonable behaviour, two-year separation or five-year separation, even if we continue living together?
Yes, provided that, prior to the date that your divorce petition is presented you are not living as man and wife ie separate bedrooms and not sharing any domestic tasks.

How can I find out whether I am already divorced?
By carrying out a central index search at the Principal Registry of the Family Division. There is a Court fee for this starting at £25.00

Is paying through Velocity Pay safe?
Velocity Pay uses powerful encryption and secure servers. This system is far safer than over-the-phone transactions.

When you enter a secure area of our site, on your browser you will notice a picture of a small padlock - this normally appears right at the bottom of the screen. To double check this, you can right click on the page and select 'properties' or 'view frame info' from the list which will tell you whether you are secure or not. Also look out for the sign of a secure web page, which can be identified by the URL (the web site address). A standard page will begin with 'http://'. A secure web page will begin with the URL 'https://' denoting that the merchant is using a secure server for the transaction of data.

All credit card details are encrypted using Velocity's 128bit SSL (Secure Sockets Layer) Software. When you establish a secure connection, the downloaded web site sends a digital certificate to your web browser. When the certificate arrives, it contains a public key, which functions as a one-way encryption device. The browser then uses this key to scramble your personal data (Credit Card Information) before sending it over the Internet.