Frequently asked divorce questions answered
Navigating divorce can be emotionally and legally complex. Divorce is a significant life event, and understanding your rights and responsibilities is key to navigating it smoothly. Whether you choose to proceed alone or with legal support from our team, being informed will help you make confident decisions.
Below, I answer some of the most common questions people ask when considering divorce proceedings.
How do I start divorce proceedings?
To begin divorce proceedings in England or Wales, you must meet the following criteria:
- Been married for at least one year.
- Either you or your former spouse lives in England or Wales.
- Your marriage has irretrievably broken down.
You will need to apply online via the Court portal using an online divorce application. You can also submit Form D8 (application) by post. As part of the application process, you will need:
- Full names and addresses of both of you.
- A certified copy of your marriage certificate.
- The ability to pay the £612 court fee (fee exemptions may apply).
You can apply solely or jointly, depending on your circumstances.
Which divorce papers do I need?
To apply for divorce, you will need to provide a copy of your original marriage certificate. This will need to be a clear and full colour copy that you upload online with your application. Alternatively, a certified copy will need to be provided if you are sending this with a paper application.
If your name is now different to how it appears to that of your marriage certificate (other than using your married name as your surname) it is also important to provide proof of any name changes such as a deed poll or name change deed.
Who pays the legal fees in divorce?
The applicant (the person who submits the divorce application) usually pays the court fee, in joint applications, costs can be shared but this should be agreed between you both. Each party naturally pays their own legal fees. Help with fees may be available for those on low income or benefits. This can be explored on the Court website and discussed with Court staff.
Do I need a solicitor for my divorce?
You are not legally required to instruct a solicitor to begin divorce proceedings. Some individuals feel confident managing the process themselves. However, having a member of our team support you can make a significant difference. We can guide you through each stage, explain the legal terminology, and help reduce the stress of dealing with the Court. Our support can also help you avoid costly mistakes and unnecessary delays.
While the divorce process itself can be relatively straightforward, we strongly recommend seeking legal advice when it comes to finalising financial arrangements, especially if you have complex assets. It’s essential to ensure that any financial settlement is made legally binding through a Financial Consent Order.
If there are disagreements about arrangements for children, or if you are considering a Child Arrangements Order, legal advice is equally important to protect your rights and ensure the best outcome for your family.
Our team is here to support you every step of the way. We will ensure you are fully informed about how any financial settlement or child arrangements may affect you and your family in the future.
How long will my divorce take?
The typical timeframe for a divorce, from start to finish, is around 6 to 12 months, provided there are no additional issues to resolve alongside the divorce itself. However, delays can occur often due to Court backlogs, which have unfortunately become increasingly common.
How should I prepare financially for divorce?
At the outset you need to ensure you have funds for the Court fee of £612 which is and payable at the time of submission of your divorce application.
You will also need to consider the financial arrangements that may be running alongside the divorce. In preparation of this it would be helpful to begin to gather financial documentation such as 12 months of bank statements for all accounts, mortgage details and pension valuations so that you can draw up a list all assets and debts you hold such as property, savings, pensions, vehicles, and investments.
You also need to consider how your future needs such as housing should be met and consider your future income and expenses.
Legal advice from one of our team is very important before and during negotiations in relation to financial matters and they can guide you through preparing for the divorce.
Will a divorce finalise everything?
No. Divorce only ends the marriage.
Financial matters and arrangements for children must be resolved separately. To protect yourself from future claims, you should reach a financial agreement and put this agreement into a Financial Consent Order to make it legally binding. Without this, your former spouse could make financial claims against you years after the divorce.
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Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
