Frequently Asked Questions

A divorce is started by filing a divorce application at Court.

You need to have been married for at least one year. Your spouse will have a chance to respond to the petition, then the Court will proceed to the “Conditional Order” stage where it pronounces your entitlement to divorce, and finally “Final Order” which formally dissolves the marriage.

There is only one ground for a divorce, that being an irretrievable breakdown of the relationship. It is no longer necessary to establish one of the five facts which were previously required such as adultery, behaviour, desertion or a period of separation. It is now sufficient to simply state that your marriage has broken down irretrievably.

We charge a fixed fee of £625 plus VAT for undefended divorces which includes all of the paperwork to dissolve a marriage. There is also a Court Fee to pay of £593 in addition. Total costs are therefore usually £1,343.

We can also assist with a financial settlement. The cost of this greatly depends on how much involvement we have and the circumstances of your case, and we will provide you with a cost estimate at the outset of your case. We charge an hourly rate and this depends on the status and experience of the person. 

The divorce, without resolving the finances, takes normally between six to twelve months. Often it is best to finalise the financial aspects of the divorce first before applying for your divorce to be made final.

You quite often hear the phrase a "quickie divorce". However, the procedure through the Courts cannot be shortened and a divorce will now take a minimum period of six months. This is due to mandatory waiting periods between the stages of the divorce. A divorce can sometimes take longer than 6 months if your spouse does not engage with the process, however even if your spouse does not comply at all a divorce can usually still be achieved. 

Most divorces are dealt with on paper and you do not have to attend a court hearing, provided your spouse does not oppose the divorce.

There is no such thing as a common law marriage in UK Law - see questions/answers for unmarried couples. The Law Commission has made recommendations, but these have not been made law yet.

This depends as to whether the bills are in joint names, in your name or your partner's name that has left. In joint names, you will legally both be individually and jointly liable for the outstanding debts. If it is in your name then you will be liable for that debt. If it is in your partner's name he/she will be liable.

Your partner is not automatically liable to pay maintenance for you, only liable to pay child maintenance in accordance with the national calculation that is currently governed by the CMS, if you have children together. If you are married then you can apply to the Court, if necessary, to make your spouse pay maintenance to cover outgoings until such time as the financial settlement for the permanent division of money or assets has been made. This depends as to whether the bills are in joint names, in your name or your partner’s name that has left. In joint names, you will legally both be individually and jointly liable for the outstanding debts. Therefore it may be hard to get your ex-partner’s contribution but if it is in your name then you will be liable for that debt and vice versa. If it is in your partner’s name he/she will be liable.

Before going to Court you should attend a mediation initial assessment meeting with a trained mediator. There are a few exceptions to this where the court does not expect you go to mediation first, such as urgency or where your partner/former partner was violent to you.

These terms are not concepts now recognised by the English Court. We now refer to “living with” and “spending time with”. This was a change to move away from parents’ "rights" towards becoming more child focussed.

There is not a presumption that it will be the mother. The focus should be on what is best for the child. If you cannot agree the Court can be involved and decide. This is the last option. The Court will encourage you to discuss it at mediation.

There is no legal definition to Parental Responsibility. It does however include the right/responsibility to make welfare decisions for a child such as education, health, religion, where a child lives. However, this is not an extensive list.

A Mother obtains it by giving birth. A father also obtains it if he is married to the mother when the child is born. Fathers can also acquire parental responsibility in the following ways:

• (From 1st December 2003) By jointly registering the birth of the child with the mother;
•By a parental responsibility agreement with the mother;
•By a parental responsibility order, made by a Court.

In some circumstances, other people such as step-parents can gain parental responsibility. We recommend you talk to your solicitor to discuss your particular case.

Your partner is not liable to pay maintenance for you, only liable to pay child maintenance in accordance with the national calculation that is currently governed by the Child Support Agency. Different circumstances in respect of divorce. If you are married then you can apply to the Court, if necessary, to make your spouse pay maintenance to cover such bills until such time as the financial settlement for the permanent division of money or assets has been made.

There are several options for arranging child maintenance including a private family-based agreement, a formal Child Maintenance Service (CMS) calculation and a court order.

Child Maintenance Options can provide useful information and a calculator which can indicate how much maintenance might be payable although please note that there maybe additional facts that affect the figures.

https://www.cmoptions.org/en/calculator/

there may also be circumstances where maintenance payments are more complex and go further, such as boarding school fees, or children with additional needs, so it is a good idea to talk this through with one of our lawyers.

The Child Support Agency (CSA) used to manage child maintenance but is in the process of closing its cases and moving them to CMS. If you have an existing case with CSA they will write to you if they have not already done so.

There is no simple answer to this. The law gives no automatic rights to a partner in these circumstances, but if you have contributed towards the deposit on a purchase, or provided money for significant improvement to the house, or have children together you may have a claim. We recommend that you talk to one of our specialist lawyers who can help guide you through this process.

Not necessarily. If you have decided something about the house you live in or property you own and that has been recorded on the deeds, then that has to be followed. However, it can sometimes be challenged. This area of the law can be complex and depend upon your individual circumstances so if you care in this situation we recommend that you talk to one of our specialist lawyers.

Any belongings that you own jointly need to be divided, and this is often done by agreement.

Please see the Children section. In short, it does not make a difference if you are married or not, the important things are to have Parental Responsibility and to consider the children's welfare needs.

Whether either of you has a right to stay in the house is often closely linked to who owns or rents the house, but there can be other factors that are relevant such as domestic abuse.

It can be difficult to manage a situation where neither of you will leave the property and so we recommend taking specialist legal advice.

If the bills are in your name, or joint names, you are still responsible for paying the bill. They will also be responsible if it is in joint names, although it may be more difficult to recover a contribution from them once they have left.

The utility company will usually pursue either or both of you for the full amount and will not usually split a bill between you.

A cohabitation agreement is a binding contract that two people enter into to regulate arrangements for living together and their finances.

With the rise in cohabitation in recent years we have seen an increase in the number of cases where disputes occur upon separation. A well drafted agreement can stop these disputes before they become a problem. It may seem a little unromantic, but it can save a lot of heartache later on! It is important for both parties to take legal advice on the agreement.

A Pre-Nuptial Agreement is usually drawn up before you get married.

A Pre-Nuptial Agreement is a document in which a couple sets out how they want any property, debts, income and other assets to be divided in the event that their marriage ends.

At the moment a Pre-Nuptial Agreement is not legally binding because the Court in England and Wales has the power to undo any agreement reached in a Pre-Nuptial Agreement and impose its own decision if it feels there needs to be a different outcome, which always depends on the individual circumstances at the time of a divorce or separation.

However, these agreements are persuasive and if carefully thought out can be as near to binding as is possible and a useful tool to the Court when dividing assets following divorce.

If you have any concerns as to how you think assets and other financial matters would be divided should you separate or divorce, then you should consider having a Prenuptial Agreement.

They tend to work well for people who are bringing assets into the marriage or have been married before, and for people that have children from previous relationships and want to ensure that they are still provided for.

Yes. Civil Partnerships can be dissolved as long as you have been registered as in a Civil Partnership for more than a year. The procedure is the same as that of divorce.