Northampton Solicitors

Divorce law guide from Northampton Solicitors

How long must we be married before getting divorced?

You can start divorce proceedings after you have been married for one year.

How long does a divorce take and what is required ?

A typical divorce takes between 3- 6 months, but it depends of both parties co-operate. The divorce may also be delayed due to disputes over the division of matrimonial assets, which ought to be fully  resolved  before the decree absolute.

What are the court fees for a divorce ?

Currently the court fees are £300 when you file the divorce petition with the court and £40 when you apply for your final decree absolute.

What grounds are there for divorce?

There is only one ground for divorce – irretrievable breakdown of marriage, but there are 5 facts which can be used to demonstrate irretrievable breakdown, which are :-

• Adultery
• Unreasonable behaviour
• Separated for two years and both parties consent to divorce
• Separated for five years without consent
• Desertion for at least two years

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

There must be a delay of six weeks and a day after decree nisi is granted before applying for decree absolute.

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

Both parties consent is required on this basis, so it is important to check whether your spouse will consent or you will have to restart the process from the beginning after having the petition dismissed.

What if the respondent does not return the acknowledgement of service form?

If this happens, it will be necessary for a process server or court bailiff to personally serve the divorce documents on the respondent to prove valid service

I am the Respondent – what happens if the petitioner does not apply for the Decree Absolute ?

Providing 4½ months have passed since decree nisi the Respondent can apply for permission to apply for the decree absolute.

What is the difference between judicial separation and divorce?

In judicial separation the parties remain married and only apply for one decree. For judicial separation there is no need to have been married for 12 months as with divorce, but the petitioner must still prove one of the five factors.

Do I have to agree all financial matters before I start divorce proceedings?

No, but it is a good idea to resolve or include financial issues as part of the divorce failing which such issues are likely to arise in one way or another in the future.

For more information abour divorce advice in Northampton, please follow the link.