Divorce – Frequently Asked Questions

Here are a few of the questions we get asked about divorce…

I am not sure if my marriage is over, what should I do?

Separating and getting divorced is a huge step to take. If you are unsure about this then it might be sensible to speak to a specialist family lawyer about the options that are available to you.

These may include discussing whether or not it may be more advisable to see a counsellor or therapist or perhaps to contact Relate who offer support to individuals and couples struggling with relationship problems. You may be advised to speak to a family mediator with your partner in order that you can together consider the options that are available to you and make practical arrangements before or on deciding to separate.

Lawyers, counsellors and mediators can help you understand the options that are available to you and the practical steps that need to be taken to make this significant decision.

On what ground can I apply for a divorce?

Now, there is only one ground for a divorce and that is that a marriage has broken down irretrievably. You can divorce without having to blame your partner and, in fact, can no longer do that.

People applying for divorce no longer need to say that their partner has behaved badly, committed adultery or to have been separated for a certain period of time.

Who can apply for a divorce?

Once you have been married for a year, you can apply for a divorce. You can do this on your own or, if you and your former partner agree, you can apply jointly.

What does the divorce process involve?

Divorce is now a straightforward process.

Except in rare circumstances, the divorce application cannot be disputed.

The application is made to the Court via the online portal. Your former partner then has the opportunity to respond to the application. You will then be able to apply to progress the divorce and if the Court is satisfied that the divorce should progress a Conditional Order (this used to be known as “Decree Nisi”) will be made. This is not the final stage of the divorce. Once the required waiting period has passed (6 weeks), you will be able to apply for the Final Order (this used to be known as the “Decree Absolute”). It is at this stage the marriage will be brought to an end and you will be divorced.

What is a Conditional Order?

A Conditional Order is the first formal part of the divorce. It means that the ground for divorce has been accepted by the Court. It does not mean that the marriage has ended.

This used to be known as the Decree Nisi.

When can I apply for the Final Order?

There has to be a minimum of 6 weeks between the Conditional Order being made and the Final Order being applied for. In some cases, the application for the Final Order should be held back until all financial matters are resolved.

How long will a divorce take?

The average time for a divorce varies from case to case.

There is a minimum period of 20 weeks from the time the divorce is applied for until the Conditional Order is made and then another 6 weeks must pass then between the Conditional Order being made and the Final Order being applied for.

As the Final Order will not be made automatically and will need to be applied for means there are important safeguards in the divorce process. These ensure that those applying for divorce do have the opportunity to reflect on their decision to apply for a divorce and to confirm that they wish to bring their marriage to an end.

What will the divorce cost?

We have a fixed fee divorce package costing £700 plus VAT. A fee is payable to the Court when the application is made. At the moment that is £593. Further details can be found here.

How Can Timms Help?

If you would like to discuss any queries with one of our specialist family lawyers, please don’t hesitate to get in contact. You can call us on 0800 011 6666 or reach us by email at legal@timms-law.com. 

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