Bath Solicitors

How long must we be married before getting divorced?

You can start divorce proceedings after you have been married for one year.

How long does a divorce take and what is required ?

A typical divorce takes between 3- 6 months, but it depends of both parties co-operate. The divorce may also be delayed due to disputes over the division of matrimonial assets, which ought to be fully  resolved  before the decree absolute.

What are the court fees for a divorce ?

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 grounds are there for divorce?

There is only one ground for divorce – irretrievable breakdown of marriage, but there are 5 facts which can be used to demonstrate irretrievable breakdown, which 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

My partner has changed the locks to our home and won’t let me back in. Is there anything I can do ?

If you own the property jointly with your partner then you are allowed to live in it. In the first instance, you may need to get a solicitor to write a letter to your partner but if this does not work then you may need to apply to the court for an order that your partner must let you back in. If violence has occurred and there the court is satisfied as to this, the violent partner will often be ordered to leave the property and stay away, with an injunction order being granted.

How long do you have to be married in order to apply for a divorce in England and Wales?

The law states you have to be married for at least 12 months before you can apply for a divorce.

I want to get divorced but I do not know where my husband/wife is. Can I still proceed?

You can apply to dispense with service of the petition. However if you are alleging adultery or 2 years separation by consent this option is not available to you and you may wish to seek legal advice.

What is ancillary relief?

This is the legal technical term for asking the court to make a ruling on finances of the marriage, dividing up assets and liabilities and making any orders for future financial provision.

What is the process for applying for ancillary relief ?

• Issue an application in the court which is dealing with the divorce
• The court then sets a date for the First Appointment (FA)
• Before the FA you must fill in a Financial Statement (Form E)
• Both sided exchange completed Form E on the same day
• the court sets a deadline for each side to compose a draft Questionnaire
• You attend the FA. The judge decides if all the questions in your draft questionnaire are really relevant and then approves the final version.
• A date for the Financial Dispute Resolution Hearing (FDR) is set.
• Bothe sides must answer the others questionnaire, including providing supporting documents.
• You attend the FDR hearing. The judge ascertains any offers each side is prepared to make and may suggest his or her view and ask the parties to go outside and negotiate.
• If an agreement cannot be reached the judge will set further court dates for a  Pre-trial Hearing, filing of witness statements and final hearing.
• At the final hearing the judge will decide what financial orders to make taking into account  factors set out in section 25 Matrimonial Causes Act 1973.

What is a consent order?

As part of ancilliary relief proceedings If agreement is reached this is evidenced by  a formal court document known as a Consent Order. A solicitor needs to draw up the Consent Order and a second document called a Statement of Information. The other spouse / civil partner needs to obtain independent legal advice before signing.

If I have been separated for 2 years am I automatically entitled to a divorce?

Both parties consent is required on this basis, so it is important to check whether your spouse will consent or you will have to restart the process from the beginning after having the petition dismissed.

What if the respondent does not return the acknowledgement of service form?

If this happens, it will be necessary for a process server or court bailiff to personally serve the divorce documents on the respondent to prove valid service

I am the Respondent – what happens if the petitioner does not apply for the Decree Absolute ?

Providing 4½ months have passed since decree nisi the Respondent can apply for permission to apply for the decree absolute.

My spouse is the sole legal owner of the property in which we live or only their name is on the rent book. Will I have to leave the house ?

Not necessarily. If you are married then your solicitor can protect your interest by registering a Notice on the title deeds to the property. This will protect your interest because it will effectively stop your spouse from selling or remortgaging without your knowledge or consent until financial matters have been agreed or decided by the court, which has the power to transfer the property or the lease under which you occupy to you even if it is not in your name. The judge can also decide whether the property should be sold and whether you should receive money from the sale.

I have left the house and my children. Does this mean I do not have to pay the mortgage or bills?

You will still be jointly liable to pay the mortgage and bills.

How long do I have to wait before the Decree Nisi can be made absolute?

There must be a delay of six weeks and a day after decree nisi is granted before applying for decree absolute.

What is the difference between judicial separation and divorce?

In judicial separation the parties remain married and only apply for one decree. For judicial separation there is no need to have been married for 12 months as with divorce, but the petitioner must still prove one of the five factors.

Do I have to agree all financial matters before I start divorce proceedings?

No, but it is a good idea to resolve or include financial issues as part of the divorce failing which such issues are likely to arise in one way or another in the future.

Can I still start 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.

If my husband starts proceedings in another European country, can I then start proceedings in England ?

Generally proceedings will take precedence in the country where they are commenced, subject to the domicile rule. This can be an important reason to start proceedings quickly in England as if proceedings are in another European country, different rules may apply which may affect your financial settlement.

What if I cannot find the original marriage certificate?

You can contact the relevant Registry Office.  They can provide the original marriage certificate for a fee.