FAQ's

1. Can I divorce if I do not know where my spouse lives?

Answer:
Yes, you can still apply for a divorce, but the court does require a postal address to issue the application. If you don’t know your spouse’s location, we can assist by instructing a private investigator to attempt to find your spouse. If locating them remains unsuccessful, we may be able to apply for service by alternative methods, such as service to a work address or other available channels. These additional steps would incur extra costs, which we will discuss with you in advance.

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2. How long does a divorce take?

Answer:
A straightforward divorce typically takes around 30 weeks from the time the application is filed until the Final Order is issued. However, this timeline can vary based on factors such as court availability, any delays in document submission, and additional matters involving finances or children, which may require separate proceedings.

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3. What happens if my spouse contests the divorce?

Answer:
If your spouse contests the divorce, this could lead to a more complex and prolonged process. In contested cases, additional court hearings may be required, and each party may need to present their case in front of a judge. We will provide you with tailored advice and support should this situation arise, including exploring options for resolving disagreements and moving forward as efficiently as possible.

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4. We have assets together; will the court divide these in the divorce?

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Answer:
No, the divorce itself only serves to legally end the marriage and does not address financial matters. Division of assets, pensions, property, and other financial claims must be settled separately through financial orders or agreements. Rebecca can provide support in navigating the division of matrimonial assets and any other financial claims, guiding you through the steps necessary to achieve a fair settlement.

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5. Will the court make an order about the children in the divorce?

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Answer:
No, children’s arrangements are not addressed directly within the divorce proceedings. Matters relating to children are handled by the family court, either through court orders or agreements between parents. Rebecca can advise you separately on child arrangements and help you explore options to reach a practical agreement for the care and support of your children post-divorce.

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6. Do I have to issue the divorce jointly with my spouse?

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Answer:
No, you don’t have to file a joint application. You can submit a sole application if you prefer. This option can be helpful if there are concerns about delays from the other party or if you worry they may try to use the divorce process to influence decisions on children or finances.

 

7. Can I speed up the divorce process?

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Answer:
Unfortunately, no. The divorce process includes legally mandated waiting periods. Once the application is filed, there must be a 20-week reflection period before you can apply for a Conditional Order. After this, there is an additional 6-week waiting period before applying for the Final Order. These waiting periods are set by law to allow time for consideration and potential resolution of any issues.

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8. What if we reach a financial agreement without going to court?

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Answer:
If you and your spouse come to a financial agreement independently, we can help you draft a "Consent Order" to formalize the agreement legally. A Consent Order is a document submitted to the court that, if approved, will make your financial settlement legally binding. This approach can save time, reduce stress, and help you avoid further court proceedings.

 

9. Do I need a lawyer if the divorce is uncontested?

 

Answer:
While a lawyer is not required in uncontested divorces, having legal support ensures that your rights are protected and that the process proceeds smoothly. Even in uncontested divorces, legal advice is often valuable in addressing financial or child-related matters, ensuring all aspects are fully covered.

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10. What costs are involved in the divorce process?

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Answer:
Our service is a flat fee of £300, which covers the divorce process itself. However, additional costs may apply if there are complex matters or if additional services are needed, such as asset division or child arrangements. Court fees, typically around £593, are separate and paid directly to the court, though you may be eligible for a fee reduction based on financial circumstances.

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11. Can I apply for financial support from my spouse during or after the divorce?

 

Answer:
Yes, you can make a financial claim as part of the divorce process or afterwards. Financial claims can cover spousal maintenance, property division, pension sharing, and more. It’s advisable to seek legal advice to understand your rights and the steps to secure any financial support that may be appropriate.

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12. What happens if my spouse doesn’t respond to the divorce application?

 

Answer:
If your spouse fails to respond, you can apply for "deemed service" or request the court to allow alternative methods of service. This process involves proving to the court that you’ve made a reasonable effort to serve the papers. We will guide you through these steps if non-response becomes an issue in your case.

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13. Are there alternatives to court for resolving disputes over children or finances?

 

Answer:
Yes, alternative dispute resolution (ADR) methods like mediation or collaborative law are available. Mediation, in particular, is often a quicker, more affordable way to reach agreements without going to court. We can help you understand the options and arrange for ADR services if this approach is suitable for your situation.