Get Divorced Online

FAQs

FAQs

How do I get divorced?
Every divorce must begin by a petition. That petition will then progress through the court system following a 5 stage process.
How long does a divorce take?
An average divorce takes between 4 and 6 months.
How much does a divorce cost?
A court fee is payable which currently amounts to £385. This is broken down into two parts - £340 when the divorce papers are lodged at the court followed by a fee of £45 when the Decree Absolute is applied for.
What happens if I have lost my marriage certificate?
You will need to apply for a certified copy. A certified copy can be obtained from the local registry office, place of marriage or church. You will need to provide yours and your spouse's full names together with the date of marriage. A small fee is likely to be payable.
What happens if I do not know where my spouse is?
If you do not know where your spouse is you may have to ask a tracing agent to find them. If you know their work address but do not know their resident address then permission of the court can be sought to state this address within the divorce proceedings instead.
How long do I have to be married before I can get divorced?
You have to be married for a year before you can start divorce proceedings.
What if I got married abroad?
Provided your marriage was compatible with the law in the country where you wed, your marriage will still be recognised in this country which means you can get divorced.
What if my marriage certificate is not in English?
If your marriage certificate is not in English you will need to get it translated.
What are the grounds for divorce?
The only ground on which a petition can be presented is that the marriage has irretrievably broken down. This has to be supported by one of the five facts - adultery, unreasonable behaviour, desertion, two year separation with consent or five year separation.
How many different allegations of unreasonableness do I need?
It is preferable to state four or five different allegations of unreasonableness.
Can I rely upon my own adultery?
Regrettably you cannot rely on your own adultery. If this is the only applicable fact you would have to ask your spouse to divorce you.
Does my spouse's adultery following our separation still count?
Any adultery committed whilst you and your spouse are still married is classified as adultery even if the adultery took place after you had separated.
Do I have to name the person my spouse has committed adultery with?
You do not have to name the person your spouse committed the adultery with and it is less complicated if you do not.
If I want to petition on our two year separation do I need to obtain my spouse's written consent prior to the issuing of the divorce petition?
Although you do not have to obtain the written consent of your spouse prior to the using of your petition, this is preferable.
What does the divorce petition look like?
Every divorce petition follows the same form and must contain basic information about both you and your spouse to include your names, addresses, ages of any children and a statement that the marriage has irretrievably broken down. It will also clearly state the fact upon which the divorce is based.
What if my spouse refuses to co-operate?
If your spouse fails to return the Acknowledgement of Service alternatives methods of service are available and proof of service will depend on the method used. Personal service by a court bailiff may be appropriate, deemed service or substituted service. In certain situations the court can dispense with service altogether. Additional fees will become payable in the event an alternative method of service becomes necessary.
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