FAQs

Why should I choose About Divorce?

With About Divorce you can download all the forms that you need to start your divorce for just £17.99*. We recognise that many couples just want to get divorced as quickly and cheaply as possible, so our Divorce Download service could help you to divorce in as little as 12 weeks with no hidden legal costs. You will also get a guide to completing the forms, written by our family law experts.

How long do I need to be married before I can start divorce proceedings?

You must be married for 12 months before you can apply for a divorce.

Can I use About Divorce if I am in a civil partnership?

Yes, our Divorce Download service is suitable for those in civil partnerships, although the legal separation is known as “a dissolution” rather than a divorce. You must be in a civil partnership for 12 months before you can apply for a dissolution.

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:

  1. Unreasonable behaviour - your partner’s behaviour has been so bad that you can no longer be expected to live with them.
  2. Adultery - you do not have to name the person your husband or wife committed adultery with and indeed it is recommended that you do not do so. This ground does not apply to civil partners who should instead rely on the ground of ‘unreasonable behaviour’ if their partner is unfaithful.
  3. Desertion - your partner deserted you at least two years ago.
  4. Two years separation with agreement – if you and your partner have lived apart for at least two years and you both agree to the divorce.
  5. Separation - you and your 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 the forms provided in our Divorce Download service, which are 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 pay to 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. If you would prefer not to complete the forms yourself, or would prefer the peace of mind of working with expert family law solicitors, our specialist team could help 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 of you delays at any point.

Do I have to go to court?

Not for the divorce as long as both of you agree 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/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 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. Talk to one of our family law experts if you would like to know more about applying 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. For more information on this, talk to one of our family law solicitors.

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 Divorce Download 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. Find out more about using our family law experts for your divorce.

Should I make or change my will?

Yes. Divorce changes your legal status and this has an effect on your will.

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.