Heidi Cardoza, a Solicitor in our Family Team, answers some of the initial questions that people ask when they are considering a divorce or separation.
As of 6th April 2022 divorce law has changed drastically, thanks to the Divorce, Dissolution and Separation Act 2020. No-fault divorce is now law.
Therefore, the information in this article may be outdated. Please refer to our dedicated divorce page here for the most up to date information, or call us on 01202 499255.
Q: How long do I have to be married before I can divorce?
A: You need to be married for at least one year in English law before you can apply for a divorce.
Q: How long will the process take?
A: If there are no complications, and nothing is contested or disputed between the couple, the process can be completed in between four to six months.
Q: What are the grounds for divorce?
A: The grounds are irretrievable breakdown of the marriage by one of the following:
- Adultery
- Unreasonable behaviour
- Desertion for a period of at least two years
- Separation for a period of two years with both people consenting to the divorce
- Separation for a period of five years where one of the parties does not consent to the divorce.
Q: What if my partner doesn’t want a divorce?
A: If your partner contests the reason stated for the divorce (for example adultery or unreasonable behaviour) this can cause a delay in the process. Likewise, if your spouse will not acknowledge the paperwork sent by your solicitor, this will also delay matters. The divorce petition can be served by a bailiff and the court can also allow the divorce to proceed without consent.
Q: Does it matter whose fault it is?
A: This is only a consideration by the courts if there has been extreme behaviour, such as violence to the spouse or any children. It usually doesn’t make any difference to financial division of assets.
Q: How much does it cost?
A: Court fees are currently £340 to file the divorce petition and then a further £45 to apply for the decree absolute. If you need a solicitor to mediate or negotiate the split of assets or the care of your children, you will also need to pay legal fees.
Q: Will I need the original marriage certificate?
A: You do need the marriage certificate. If you don’t have the original you can contact the relevant registry office or church office and they will issue a copy – usually they charge a fee of £7-10 for this service.
Q: We got married abroad and my marriage certificate is in a foreign language – does this make a difference?
A: This will need to be translated into English by a qualified translator. They will then make a sworn statement confirming it as a true translation. Both the original and the translation should be lodged with the court.
Q: Does it make a difference if either or both of us are foreign nationals?
A: No, providing that one or both of you are resident in England or Wales.
For a free initial consultation please call 01202 499255 and we will be happy to discuss any questions you may have.
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