FAQs for Divorce
How do I make application for a divorce.
We offer free divorce forms which you can download complete and submit to the Court.
How long does the divorce process normally take?
A. The whole process should normally be completed within 6 months.
How long do I have to be married before I can divorce?
A. You must be married at least 12 months before you can divorce.
What grounds can I use to divorce my spouse?
A. You can apply for a divorce only if the marriage has irretrievably broken down, and this can be proven if any of the following have taken place: Adultery, two years of separation (as long as the respondent consents to the divorce), unreasonable behaviour, five years of separation or desertion.
Do I need to agree a financial settlement before I start divorce proceedings?
A. Although no financial settlement is required before starting proceedings,
we recommend you agree to these issues before initiating the divorce, if possible. If financial agreement is not reached between you and your spouse, he/she may bring a future claim against you after the divorce. An agreement between you relating to financial issues can be included into a consent order.
Why is your divorce service cheaper than elsewhere?
A. We specialise in divorce packages with free downloadable divorce forms, which means we do not have to pass on expensive overheads to our customers, as many solicitors do. Also, we are based in Lomeshaye Business Park, Nelson, near Burnley, Lancashire, and we do not have the expensive overheads of city centre premises, which means we can charge less for our divorce services.
Will I have to go to court during divorce proceedings?
A. Court appearances are not necessary for divorce proceedings, and we will guide you through the divorce process, from start to finish. If paperwork is required to be stamped by the court, we can also arrange this.
Do we need to agree arrangements for the children before contacting you regarding a divorce?
A. Although you don´t have to agree arrangements for the children before you start the divorce process, it helps if you are in agreement on as many issues as possible. To go forward with the divorce, the court must be happy that you have made the best arrangements possible for the children. If agreement cannot be reached, then an order may be sought from the court, but it is best for all concerned if you can reach agreement before getting to this stage.
How can I start divorce proceedings if I don´t know my spouse´s new address?
A. Try to find the address through family or friends, or consider using a tracing agent to help you. We can give you advice and guidance about this.
How long does a Decree Absolute take to come through?
A. Six weeks and one day after the Decree Nisi has been made you can apply for it to be made absolute.
Do I need my marriage certificate to start divorce proceedings?
A. Yes, you will need to send your marriage certificate along with your divorce petition. If you can´t find your marriage certificate, a certified copy can be provided by your Registry Office at a small cost.
What grounds can I use to divorce my spouse?
A. You can apply for a divorce only if the marriage has irretrievably broken down, and this can be proved if any of the following have occurred :adultery, two years of separation(as long as ypur spouse consents to a divorce)unreasonable behaviour, five years of separation, or two years of desertion.
Do I need to agree a financial settlement before I start divorce proceedings?
A. Although no financial settlement is required before starting proceedings, we recommend you agree these issues before initiating the divorce, if possible. If financial agreement is not reached between you and your spouse, he/she may bring a claim against you after the divorce. An agreement between you relating to financial issues can be incorporated into a consent order(a\" clean break “order)
