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FAQs

From the list below choose one of our FAQs topics, then select an FAQ to read. If you have a question which is not in this section, please contact us.
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Using grounds of separation by consent, do I have to get my spouse's consent before I divorce

No, your spouse will be given an opportunity to consent on the acknowledgement form when he/she receives the papers from the court.

If I have been separated for 2 years am I automatically entitled to a divorce?

No, you would need the other parties consent, alternatively you could rely on the fact of unreasonable behavior or 5 years Separation whereby consent is not required.

How long will it take?

It is not possible to be precise as the length of time depends on the speed with which you both deal with the Court papers and how quickly the Court process the paperwork. Where there is co-operation and everyone acts quickly you should allow for a period of 4 - 6 months from filing your Petition to obtaining Decree Absolute. The financial matters do not have to be resolved before Decree Absolute and you should take legal advice as to whether you should apply for Decree Absolute before financial matters are resolved.

How long do I have to wait before I can apply for the Decree Nisi to be made absolute?

You must wait 6 weeks and one day. After this you may apply for the decree absolute.

How long do I have to be married before I can get a divorce?

You cannot start a petition for divorce unless you have been married for more than one year.

How do I get a divorce?

To apply for a divorce you must send a Divorce Petition and your original Marriage Certificate to the County Court. There is a Court fee payable of £300.00 but you can apply for an exemption from paying this fee depending on your income and capital. If you have children who are under 16 or under 18 and at school or college or training you must also fill in and send to the Court a form called a Statement of Arrangements for Children form.

Can I divorce on the grounds of adultery or unreasonable behaviour if we continue living together

Yes, provided that, prior to the date your divorce petition is presented to the court, you have not lived together for more than six months.

Can I rely on my own adultery for a divorce?

No; you cannot divorce your spouse on the basis of your own adultery.  In this circumstance, you will either have to ask your spouse to divorce you or choose another reason for your divorce.

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