Divorce and separation can be emotionally challenging and legally complex but how much do you know about it?
We are asked many of the same questions by clients when discussing their circumstances so we thought it might be helpful to put together some common questions, FAQs, we get asked.
1. Do you have to wait 2 years after marriage to get divorced?
No, this is incorrect, you do not need to wait 2 years to start divorce proceedings.
2. Is there a court fee for a divorce?
Yes, the court fee is £593. However, there is scope for fee remission (assistance with part or all of the fee) depending on the applicant’s financial circumstances.
3. Do we need to blame one of the spouses to be eligible for a divorce?
No, you do not need to blame your spouse for a court to grant your divorce.
You may apply for a divorce based solely on the fact that your marriage has irretrievably broken down, which can keep matters amicable and we discussed this in our recent blog ‘Is there a such thing as a good divorce’. You can now even jointly make a divorce application.
4. Will the court notify the respondent spouse of the divorce application?
Yes, your spouse will be notified of your application and requested to complete an Acknowledgement of Service form to be returned to court.
5. Will the divorce be able to continue if the respondent fails to comply?
Yes, the parties will be placed in a 20 week waiting period once the divorce is issued and the applicant may then continue once the waiting period has lapsed.
6. Can the applicant apply for a conditional order once the 20 week period has lapsed?
Yes, once the 20 week has lapsed the applicant may apply for the conditional order.
7. Do we need to attend court as part of the divorce proceedings?
No, you should not need to attend court as the application is usually dealt with as a paper exercise.
8. Do we need to wait 6 weeks before applying for a final order?
Yes, you will need to wait at least 6 weeks until the applicant may apply for the final order.
If the applicant fails to apply, then the respondent may apply three months after this date.
9. Will I officially be divorced once I receive the final order?
Yes, once you have the final order you will be divorced and free to remarry if you wish.
10. Are the finances automatically resolved within divorce proceedings?
No, parties should seek independent legal advice in relation to a financial settlement when considering divorce.
Whilst the above are common questions we’re often asked, we understand that every divorce or separation case is unique, and we strive to provide tailored solutions that protect your rights and interests.
Our experienced family law solicitors in Newcastle, Teesside, and across the North East are here to help you navigate the process with compassion and expertise. From assisting with the legal paperwork and negotiations to representing you in court, if necessary. Our dedicated team is committed to achieving the best possible outcome for you.
Our divorce and separation services cover a wide range of issues, including asset division, spousal and child support, child custody and visitation, and financial settlements.
We can provide expert advice on the legal grounds for divorce, help you understand your rights and obligations, and guide you through the entire process from start to finish.
If you’d like to speak to us about any legal matter, be it family or corporate, please do get in touch and we can help guide you through.
