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Divorce- Common questions asked by clients

View profile for Jennifer Brook
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How much does a divorce cost?

This really depends on the complexity of your situation. Simple divorces can take a matter of months and cost a few hundred pounds. Complex divorces can last several years and cost more as a result. But regardless of your situation we have a divorce plan for you. We have fixed fee divorces, hourly rate divorces and divorce payment plans.

Do you offer a fixed fee service?

Yes! We offer a fixed fee divorce service which is affordable and will bring the process to a close as quickly as possible.

Will I need to attend court during my divorce?

The majority of divorce cases are uncontested. This means that both sides agree to the divorce. If your divorce is uncontested, it is not normally necessary to attend a court hearing. The process is largely paper-based, and we will do all the work for you. If your divorce is contested or complicated, i.e., the other side does not agree to the divorce, you may in rare circumstances need to attend court, but in this situation, we will represent you. Talk to us today to find out more about how we can help your divorce go smoothly.

Does my spouse need to see the divorce application before it is sent to the court?

Yes, they do. Under the 2011 Pre-Action Protocol, the receiving spouse is entitled to receive a copy of a draft divorce petition before divorce proceedings are issued at Court. This means you must notify them about the divorce and send them the draft petition. We can do all of this on your behalf.

Do I have to get divorced in the same country we got married in?

Depending on your circumstances you may be eligible to file for divorce in a country other than the one you got married in.

Roughly how long will my divorce take to go through?

This depends on how responsive your former partner is to the divorce. So long as you meet all the legal criteria for getting a divorce, and your former spouse agrees, the whole process can be as quick as six – nine months. The divorce process can take a little longer if for example, you do not know the whereabouts of your spouse or they are not co-operating with the divorce process or where there are finances to resolve.

Can I recover my divorce costs from my spouse?

Yes, you can apply for them to pay the full costs or partial costs of the divorce. This is known as a costs order. Whether or not your application for a costs order is accepted is up to the Judge. During the process, a Judge will decide whether to grant you an Order that your spouse pays your legal fees. The Judge will look at the reasons for divorce and your spouse’s financial position when making a decision. If a costs order is granted, this becomes enforceable when the decree nisi is granted.

Do I need my marriage certificate to get divorced?

The court requires that you file your original marriage certificate and an original certified translation if the certificate is not in English. The certificate and translation document are kept on the court file and not returned to you. If you do not have an original marriage certificate or if it is lost, you can try to obtain a certified copy where you married or the General Register Office. If it cannot be obtained because you married abroad, you may be able to issue divorce proceeding without one. This will entail a separate court application and evidence will be required to satisfy the court that a valid marriage took place. We can help you with all of this.