Divorce & Dissolution of Civil Partnership

Frequently Asked Questions

How long does a divorce/dissolution of civil partnership take?

The average timescale for a divorce or dissolution is approximately 6-8 months. This is dependent upon the individual circumstances of the parties, as in some cases you may be advised not to dissolve your marriage or civil partnership at the earliest opportunity.  There is a common misconception of the ‘quickie divorce’, particularly presented by the media. The divorce procedure is the same for everyone and it cannot be completed instantly. There is a lot of work that has to take place before the pronouncement of the Decree Absolute, when the divorce is finalised.

How much does a divorce cost?

Allington Hughes offer fixed fee rates for both the petitioner and the respondent in divorce or dissolution of civil partnership proceedings. As a petitioner there is more work to be done and a court fee to incur. We offer fixed fees for both (£750+VAT for petitioner plus court fee, £300+VAT for a respondent), however if the matter becomes delayed, contested or further work is required to progress your divorce/dissolution your fees may be higher. You may be eligible for a full or part remission on the court issue fee.

In some cases, it is possible to ask the court to order the other party to pay the costs of the divorce/dissolution and we can advise you to the merits of that request upon instruction.

Are divorce records public?

The only public document is the final Decree Absolute (i.e. the certificate of divorce) which does not state the reason for the divorce, simply that the marriage or civil partnership has been dissolved. The divorce petition and other documentation remain private.

What is a Decree Nisi/Decree Absolute?

The Decree Nisi and Decree Absolute are key stages in a divorce.

The Decree Nisi is the first Decree and a pronouncement by the court that the person seeking a divorce or dissolution is entitled to one. It is not of public record. Following the pronouncement of the Decree Nisi, there is a mandatory waiting time of 6 weeks and 1 day before the petitioner can ask the court to formally dissolve the marriage or civil partnership. There is opportunity in this time for representations to be made as to why the marriage or civil partnership should not be dissolved, however this is rare.

Upon receipt of the application, the court will pronounce the Decree Absolute which is the final Decree officially dissolving the marriage or civil partnership. The Decree Absolute is of public record.

In England and Wales, the pronouncement of the Decree Absolute does not end the financial claims that arise on divorce or dissolution. It is important that a clean break order is applied for to prevent any future financial claims.

Will getting a divorce affect my credit?

There is no reason why the divorce process will affect your credit. The end of a relationship can cause financial strain and if you are struggling financially you should seek advice.

How do I file for divorce?

A petition for divorce must be presented to the court and the court fee paid. The petition can be presented online.

What are the steps to a divorce?

The first stage is a petition for divorce is presented to the court by one party in the relationship. Once this has been presented to the court, they will send it to the other party (known as the ‘Respondent’) for them to acknowledge. The Respondent should acknowledge receipt and any intention to defend the application for divorce within 7 days, however the reality is that this can take longer. Once the court is satisfied that effective service of the paperwork has taken place and any intended defence has ben dealt with, the petitioner can apply to the court for the Decree Nisi (whereby the Court announces the petitioner is entitled to a divorce) and thereafter the Decree Absolute (the final stage announcing that the marriage or civil partnership is dissolved). In some circumstances, the Respondent can make those applications, however additional costs and fees may be incurred.

Is divorce the only option?

No, divorce isn’t the only option. Other routes include:

• Counselling (marriage or family counselling).
• A parenting agreement.
• Parenting classes.
• Anger management classes.
• Therapy for addiction.
• Separation on an informal basis supported by a separation agreement drafted by solicitors or formally through judicial separation.
• Entering into a post-nuptial agreement to formalise the financial arrangements between the parties which may make a party feel more financially secure in the relationship

What are the grounds for divorce?

In England and Wales, the only ground for divorce is that the marriage has irretrievably broken down. Proof will be required to show that the relationship cannot be saved before a divorce will be granted, which is one of five reasons:

1. Adultery
2. Unreasonable behaviour
3. Desertion
4. Separated for at least 2 years
5. Separated for at least 5 years

What am I entitled to in my divorce?

There is no presumption of a 50/50 division in England & Wales. The courts will look at a 50/50 split first and then consider if that is fair. In undertaking this exercise, the judge will have regard to various factors e.g. the welfare of any children, the parties’ income, earning capacity, property and other financial resources, their financial needs, obligations and responsibilities, the parties’ ages, length of the marriage, physical or mental disability etc.

If the matter is not before the court (e.g. the parties are trying to reach an agreement between them) the solicitors will undertake this exercise and try to negotiate an agreement on the above principles.

Financial claims arise in divorce proceedings and will depend upon the assets involved and can include property, spousal maintenance, lump sum and pension sharing orders.  Full financial disclosure is required of both parties to advise further.

To contact one of our experienced and supportive family team members, please click here.