We have a team of Family Lawyers who have a wealth of experience dealing with Divorce cases and related issues such as children and finances. We also offer a free initial consultation to all new clients.
Below are answers to some of the questions we are most commonly asked about Divorce. Please click on a link to see the answer to that question.
If you have other questions, please contact us for a consultation.
- What are the legal grounds for divorce?
- Is there a minimum length of time to wait before getting a divorce?
- How long does it take to actually get a divorce?
- Do I have to go to Court to get a divorce?
- Can my spouse refuse to get divorced?
- If the divorce is my fault, will this affect the outcome?
On 1st April 2022, the law and procedure for divorce changed.
The only ground for divorce remains the irretrievable breakdown of the marriage however, rather than relying upon one of the five facts like under previous legislation, this is now evidenced by a statement that the marriage has irretrievably broken down.
Yes. You must be married for one year before you can legally apply for a Divorce in England.
In April 2022 a new law implemented a mandatory waiting period of 20 weeks between the issue of the application and pronouncement of the conditional order. Further to this, there is a mandatory waiting period of 6 weeks between the conditional order and final order. This means that a divorce will take a minimum of 26 weeks.
However, where matters are complicated or finances need to be resolved, this can take up to 12 months or longer.
Court proceedings are most common when the two parties involved cannot reach agreement by negotiation through their solicitors. This may be in relation to children and finances, and not the divorce itself.
If agreement can be reached by negotiation then it may not be necessary to go to Court.
If a spouse refuses to acknowledge paperwork sent by the Applicant spouse's solicitor then this will also delay matters. In these cases, we can arrange for your spouse to be personally served the divorce application by a bailiff who can swear to this in court. If your spouse is still unresponsive then the courts can allow the divorce to proceed without your spouse's consent.
The new law in April 2022 that came into place is commonly know as “the no fault divorce”. It does not seek to place blame on either of the parties for the breakdown in the marriage.