Divorce

There is no requirement to formally deal with separation when married or unmarried couples go their separate ways.  For married couples, however, divorce is the only way to formally end the marriage.

How does the divorce process work?

Firstly it must be established that the Courts in England have jurisdiction to deal with the case. This is determined by where the parties live (or possibly originate from). 

The second requirement is that a couple must have been married for at least 12 months, and that the marriage has irretrievably broken down on the basis of one of these five facts:        

• Adultery
• Unreasonable behaviour
• Desertion
• Two years’ separation (with the other party’s consent)
• Five years’ separation (the other party’s consent not being required)

Adultery

The person who has committed adultery cannot issue a Petition - the other party must do so.  It is not necessary to name the third party involved and, indeed, the Court discourages this. 

What is “unreasonable behaviour”?

Unreasonable behaviour is recited from the Petitioner’s point of view. This wide-ranging option can cover many problems ranging from, for example, violence to mismanagement of finances, or lack of companionship and emotional support. 

Separated for some time?

A couple separated for some time may choose to pursue either a two year or five year separation divorce (as appropriate). 

Court fees and our costs

Court fees are paid when a Divorce Petition is issued and a further fee is paid when the final decree (Decree Absolute) is requested.

Our costs for handling divorce cases vary according to the work required. Costs can be substantially reduced if the divorcing couple informally agrees between themselves the grounds to be pursued, and instructs their solicitors accordingly.

It is possible to seek an Order that the party served with the Petition (the “Respondent”) pays the costs of the divorce, or an agreed contribution towards those costs. 

Do I have to attend court?

It is not usually necessary for either party to attend Court in person.  Side issues such as finances and disputes regarding children can require Court attendance, but the divorce itself is normally dealt with by post. 

How long does a divorce take?

An uncontested divorce should generally be concluded within four to six months, although each case varies. 

What about the finances?

Within any divorce, securing an Order relating to the financial aspects is vital.  This can be achieved by agreement or result from contested proceedings.  Until this point even pronouncement of a Decree Absolute will not sever financial ties between the parties. 

Why should I seek legal advice?

Although many people try handling divorce proceedings themselves, it is prudent to seek legal advice.

Spratt Endicott’s initial Fixed Fee Appointment lets you consider your options informally and confidentially, with no commitment to take matters further until and unless you wish to do so.  

Getting in touch