FAQs
Why should I choose About Divorce?
About Divorce offers three fixed-price options for anyone who wishes to end their marriage or civil partnership but needs to know precisely how much their legal costs will be from the outset.
How long do I need to be married or in a civil partnership before I can start divorce proceedings?
You must be married or in a civil partnership for 12 months before you can apply for a divorce.
What do I need to prove in order to get divorced?
In the divorce papers you must prove to the court that you have reasons, referred to as ‘grounds’, to get divorced. The grounds are:
- Unreasonable behaviour - your spouse or civil partner’s behaviour has been so bad that you can no longer be expected to live with them.
- Adultery - you do not have to name the person your spouse committed adultery with and indeed it is recommended that you do not do so. For legal reasons this ground does not apply to civil partners who should instead rely on the ground of ‘unreasonable behaviour’ if their partner is unfaithful.
- Desertion - your spouse or civil partner deserted you at least two years ago.
- Two years separation with agreement – if you and your spouse or civil partner have lived apart for at least two years and you both agree to the divorce.
- Separation - you and your spouse or civil partner have lived apart for at least five years. Their consent to the divorce is not required.
What do I need to do to start the divorce process?
The divorce is started by completing a legal document known as a ‘petition’ which is then filed with the court along with the issue fee. You must also give your marriage certificate to the court. If you don’t have the original, you can get a copy from the Registrar of Births, Deaths and Marriages for the district in which you were married or the General Registrar Office, Merseyside. You will need to pay to get a copy. If you have children you need to complete a Statement of Arrangements form. If you use our Option 2 or Option 3 packages we will take care of this for you.
How long does a divorce take?
On average, it takes 3 to 6 months from the date when the divorce petition is lodged with the court until the Decree Absolute or Final Order. Different courts have different timescales and the process will take longer if either spouse or civil partner delays at any point.
Do I have to go to court?
Not for the divorce as long as your spouse or civil partner agrees to it. Nearly every stage of the divorce takes place on paper. Sometimes you need to go to court to resolve financial issues or the arrangements for any children. Even in these cases, the focus is on reaching an agreement rather than having a disputed hearing.
My other half is having an affair – will this be taken into account?
This will give you grounds for divorce. It will not normally be taken into account when dealing with financial issues or the arrangements for any children.
Can I claim back any of my costs?
Yes, the person starting the divorce can include a claim that their spouse or civil partner pays towards their legal costs. We recommend trying to reach an agreement about this before the divorce papers are sent to the court.
Why do I have to pay court fees?
Court fees must be paid before the court can issue the divorce papers and a fee must also be paid in order to get the Decree Absolute or Final Order which finalises the divorce. The issue fee is £340 and the Decree Absolute or Final Order costs £45.
Does everyone have to pay court fees?
No, some people pay a reduced fee or do not pay fees at all depending on their financial situation. We will let you know if you can apply for a reduction or exemption.
Is it always right to apply for the Decree Absolute or Final Order as soon as possible?
No, there can sometimes be very good reasons for delaying. This is because divorce alters your legal status and can have financial consequences for you. As part of our service, we will always consider this with you and let you know where you stand and how you can be protected.
Can I still ask you to deal with my case even if we have not agreed the arrangements for our children or how to deal with the family finances?
Yes. Our About Divorce service is not suitable for everyone but if you contact us we will be happy to discuss your case free of charge and explain all of the other options available to you.
Should I make or change my will?
Yes. Divorce changes your legal status and this has an effect on your will. For more information visit our wills service page.
When can I get married again?
When the Decree Absolute or Final Order has been pronounced the marriage will come to an end and you are free to marry again.