Frequently asked question
1. How much will a divorce cost?
2. How long will it take?
3. How long must I be separated for before I can apply for a divorce?
4. On what grounds can I petition?
5. What happens if my spouse wants to oppose the divorce?
6. What happens if I cannot locate my spouse?
7. Do I have to attend Court?
8. Can I re-marry straightaway?
9. What happens if there are children in the marriage?
10. Can I revert back to my maiden name after my divorce?
11. Does a divorce effect my Will?
Answers
Answers
1. The fees for Tier one (Just Forms) will be £40 and Tier two (Help Please) will be £80. Tier three, 1 hour appointment including the completion of forms £275 and for 1/2 hour is £250. In addition there are Court fees of £340 for all Tiers.
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2. It will take around 4 months to obtain Decree Absolute, longer if there are difficulties in serving your spouse with the papers. You should not plan to re-marry until you have a definite date for when Decree Absolute is likely to be granted.
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3. In England and Wales you must have been married for at least one year before you can present a petition for divorce.
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4. The only ground is that the marriage has irretrievably broken down – this is based on one of five facts: -
A – Adultery
B – Unreasonable behaviour
C – Desertion (2 yr)
D – 2 years Separation with consent of spouse
E – 5 years Separation without consent of spouse
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5. It may well be the case that your spouse will either not respond to the divorce petition, where upon bailiff service will be appropriate or may refuse to admit adultery or refuse to consent to 2 years separation and this is indeed the case when you may need to consider an alternative ground for divorce.
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6. If you do not know the whereabouts of your spouse, it may be necessary to enlist the services of a private detective/process server in order to locate them.
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7. Generally no, unless you wish to oppose the making of the Decree Nisi or are applying for an Order for divorce costs.
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8.You can only remarry once Decree Absolute is granted but if you are the Petitioner – make sure you have ability to resolve the finances first before you remarry as remarriage acts as a bar to financial relief.
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9. Hopefully matters regarding the children will be resolved between the parties. If mediation breaks down or is not suitable – you can make an application to the court to resolve.
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10. You can use your maiden name or your married name depending on your wish at the time. It is better to have a Change of Name Deed however to provide a paper trail to the general authorities, should they ever query the change in name.
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11. Yes divorce affects a Will. If your spouse is still mentioned after the divorce – this bequest will become invalid and the gift will go to the next person mentioned.
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