Nicola

 

    Williams

 

        Solicitor     Family Law Specialist, Mediator.                    0845 130 1939

 

 

 

 

D IVORCE FACTS

 

1. What are the grounds for divorce?

 

2. So why do we talk about “adultery”   for example or “ unreasonable behaviour” or “by consent”?

 

3. H ow long does a divorce take?

 

4. What happens to the children?

 

5. What happens to our property?

 

6. What if my husband/wife doesn’t agree to a divorce ?

 

7. How much does a divorce cost?

 

8. Who pays for the divorce?  

 

Q. What are the grounds for divorce?

 

A. There is only one ground for divorce.   That is that your marriage has

irretrievably broken down.                                                                                                                                                                                            Back to top

 

Q .   So why do we talk about “adultery”   for example or “unreasonable         behaviour” or “by consent”?

 

A.The law states that there can only be five possible reasons for the irretrievably         breakdown of a marriage. They are:

 

(i) Adultery or

(ii) Unreasonable Behaviour   or

(iii) Two Years Separation where you both consent to a divorce or

(iv) Two Years Desertion or

(v)   Five Years Separation where no consent is needed                                                                                                                                               Back to top

 

You have to choose the one that is most appropriate to you to prepare your divorce petition.   Where there are two or more options available, I can help you decide which one is most appropriate for your situation.

 

Q. How long does a divorce take?

 

A. There are usually four stages to a divorce.

 

I Issue

 

Firstly the proceedings are “issued”.   This mean that the Petition and any supporting documents, including the Court fee, are sent to the Court where they are given a case number. Normally the Court is asked to post out a copy of the Petition to your husband/wife.

II Service

With the copy Petition, your husband/wife will receive any proposals you have for any children of the family and a form called an “Acknowledgement of Service” to complete and return to the Court.

III.Decree Nisi

 

A copy of the Acknowledgement of Service is sent to us by the Court and  we can then apply for your decree nisi. Approximately 3-4 weeks later you will be told whether the District Judge has certified that you are  entitled to a decree nisi or not and whether he/she is satisfied with the proposals for the children. If all of the paperwork is in order, your decree nisi should be pronounced by the Court about 4-6 weeks after this.

 

IV.Decree Absolute

Six weeks and one day after the decree nisi, you can apply for it to be  made absolute.

You are now finally divorced.    The whole process should take around 4-6 months.                                                                                     Back to top

 

Q. What happens to the children?

 

A. Whoever begins the proceedings for divorce is called the “Petitioner”. The Petitioner has to fill in a form called a “Statement of Arrangements for Children”.This form sets out basic details about the children and any proposals for contact and where the children are going to live.   The “Respondent”   (the person receiving the petition) can either sign the form to say that these proposals are agreed, or can file their own form if they do not  agree. More details on what you can do if there is a dispute about the children can be found in my “Children” leaflet.

 

Q. What happens to our property ?

 

A. This is often the most difficult part of separation to sort out.   The information on the property anddivorce pages will help you to understand the general process. But no two cases are identical and you should seek specific advice on your particular circumstances, before entering into any agreement with your husband/wife.   Mistakes can be difficult to rectify later.

 

 

Q. What if my husband or wife won't agree to a divorce?

 

A. If your husband/wife is at fault (that is to say that they have committed adultery or behaved unreasonably or deserted you), you will not need their agreement to become divorced. Neither will you if you have been separated for five years or more, but in this case, he/she can ask for the decree absolute to be held back until financialmattershave been sorted out.

 

Q.How much does divorce cost?

 

A.F or details of fees for a straightforward divorce where the Respondent returns his/her Acknowledgement of Service to the Court promptly indicating that he/she does not intend to defend the proceedings, please see the online price list There are additionally Court fees of £300 to issue and £40 for the decree absolute.

 

Where divorce is not so straightforward, there may be additional charges (such as a Bailiff fee) and you can sk for detailsof these should it become necessary according to your particular case. Full details are available on my fees page.

 

Q. Who pays for the divorce?                                                                                                                                                                                         Back to top

 

A. You should always expect to pay your own Solicitor’s fees. In some  cases, it may be fair for the Court to order the other party to  reimburse you by making an “Order for costs”, but this does not remove your obligation to pay your bill. The rules on costs are complicated. Sometimes in a divorce it is fair to share the bill with your husband/wife.Sometimes you may not feel like pushing for the costs to be paid if you can reach a compromise in other ways. You should ask for specific advice in your individual case from your Solicitor

 

Please note that there are additional charges for the financial aspects of a divorce and any issues relating to children. Please ask for further details.This leaflet is intended to be a general guide only and not a substitute for case specific advice.                                       Back to top

 

12 Ventnor Road Didsbury M20 6RX