Frequently Asked Questions

Here are some of the most commonly asked questions that people want the answers to when they are considering divorce. These are general information only and to get some more personalised information, relevant to your situation please contact our offices in Peterborough to arrange an initial consultation.

When can I start divorce proceedings?

If you have been married for more then a year, you live in England or Wales and your marriage has 'irretrievably broken down' you can start divorce proceedings.

What are the grounds for divorce?

There are five separate ways you can get a divorce, they are as follows:-

1. Adultery - Where your partner has committed adultery and your find it intolerable to go on living together.
2. Unreasonable behaviour - This is where your partner has behaved in such a way that you cannot reasonably be expected to continue living together.
3. Desertion - If your partner deserts you and you do not hear from them for two years.
4. Two years separation with consent - This is available where you have lived apart for two years and you both agree to divorce.
5. Five years separation - When you have been apart from your partner for more then five years you are entitled to a divorce whether they agree or not.

Obviously the first two of these are available straight away where as the last three require waiting either two or five years before a divorce can be started.

What should I do if I think my marriage has 'irretrievably broken down'?

It is always an advantage for the person who wants the divorce to get the other party to the marriage to agree to it. This reduces conflict and can dramatically reduce the cost of the divorce proceedings.

What happens to the children?

When a divorce is started the petitioner must complete a short document called 'A statement of arrangements for children'. This briefly explains to the court how the children will be looked after once the divorce takes place. This form should be sent to the other spouse to be agreed before it is lodged with the court. If the court or the other spouse have any problem with the arrangements it may be necessary for the court to arrange a children's appointment where any difficulties can be ironed out.

How much maintenance should I be paying/seeking for the children?

To find out, click here and check with the Child Support Agency Calculator.

How much are the court fees?

At present it costs £300 in court costs to file a divorce petition and then a further £75 to apply for the decree absolute.

What is the court process involved in getting a divorce?

The person who asks for the divorce is called the 'petitioner'. Using one of the five 'grounds for divorce' the petitioner will apply to the court and also send in the 'statement of arrangement for the children'. Assuming that the person who is being divorced (known as the respondent) agrees to the divorce and the court is satisfied that the marriage has 'irretrievably broken down' the district judge will grant a 'decree nisi'. The petitioner then has to wait six weeks and one day before applying for a 'decree absolute' which finally means the parties are divorced from each other.

How long does it take?

An undefended divorce will normally take something between 3 and 5 months.

When can I get married again?

Once the courts have issued the 'decree absolute' couples are finally divorced and both parties are free to marry again.

Am I eligible for legal aid?

To find out click here and fill out the Legal Services Commission Questionnaire.

How much will it cost?

See our costs page.

What does it all mean?

See our helpful "Jargon buster".