Currently the court fees are £300 when you file the divorce petition with the court and £40 when you apply for your final divorce decree. We charge £40 for our package which includes all the relevant forms and guidance.

Why are you so cheap?

As we are an online service we have considerably fewer overheads than a high street solicitor - this keeps our costs down to a minimum, allowing us to pass on our savings to our customers.

How long does the divorce process take and what is involved?

The normal divorce takes between 4 and 5 months. For more information please look at our 'Four Steps to Divorce' section.

Will I have to attend court?

No. Our pack is intended for use in an uncontested divorce. If you can agree with your husband or wife about financial support, property and the arrangements for any children, you will not have to attend a court hearing at all. You may have to attend a court hearing if you ask the court to make an order for financial support or cannot agree about the arrangements for the children.

How long do I have to be married before I can get a divorce?

You cannot start a petition for divorce unless you have been married for more than one year.

What are the grounds for a divorce?

Irretrievable breakdown of marriage is the only grounds for divorce. You must prove irretrievable breakdown in one of five different ways.

These are:

adultery
unreasonable behaviour (often described as cruelty)
desertion for two years
separation for two years where the other party consents
and separation for five years (no consent needed)

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

You must wait 6 weeks and one day. After this you may apply for the decree absolute.

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

No, you would need the other parties consent, alternatively you could rely on the fact of unreasonable behavior or 5 years Separation whereby consent is not required.

What if I don't know the other parties address?

Attempt to find out from family & friends. Alternatively, a tracing agent may be able to trace the party’s whereabouts.

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

You would need to request the court to allow the court bailiff to personally serve the divorce documents on the respondent. The court bailiff would then swear an affidavit confirming service, should the respondent still not respond you proceed to the next stage, the application for special procedure whereby you would use the sworn affidavit as an exhibit. You will have to pay the court a fixed fee for this service.

After service you must allow 29 days for the respondent to file a defence (called an ‘answer’ in divorce proceedings) and, if they do not, you can then apply for the decree nisi (the first divorce decree). Email us and we will provide you with a ‘Request for Service by Court Bailiff’ form.

What if the petitioner does not apply for the Decree Absolute, can the respondent apply?

Yes, providing 3 months have elapsed and the parties have not reconciled.

What if I cannot find the original Marriage Certificate?

You can contact the relevant registry office providing them with the party’s names and date of marriage. They will provide you with the original marriage certificate for a small fee.

What if the Marriage Certificate is in a foreign language?

In this case the marriage certificate needs to be translated into English by an expert who would then have it sworn. You then need to lodge with the court alongside other documents the original marriage certificate, the translation of the marriage certificate and the experts sworn statement.

What if I am on low income or unemployed; do I still have to pay the Court Fee?

You may be exempt. You would need to complete the fee exemption form, providing evidence of your means. The court staff will make an assessment as to whether you qualify. We can provide you with a ‘Fee Exemption’ form.

What if the Petitioner (person initiating the divorce) resides in England and Wales and the other party (Respondent) resides abroad; can they still divorce?

Yes, provided one party is either domiciled or habitually resident (for a year) in England and Wales.

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

No, you do not - but it is a good idea to do so. If you ignore the financial issues and remarry, you may lose the right to have the matrimonial financial affairs reviewed by the court. Many people do not realize that your ex. can make a claim against your estate after you die.

Do I have to agree all arrangements for the children before divorce proceedings?

As with financial issues, you do not have to agree everything regarding the children but it would be a good idea to do so. To get your divorce you have to show that the arrangements for the children are satisfactory or the best that can be devised in the circumstances. In the context of divorce proceedings you can apply for orders relating to the finances for the children and orders relating to residence and contact but the court is reluctant to grant such orders unless it is absolutely necessary. You will have to show why it is impossible to agree.

Does it make any difference if we were married abroad?

No, but if the marriage certificate is in another language then you need to obtain a notarised translation.

Does it make any difference if either or both of us are foreign nationals?

No, provided either of you are habitually resident in England and Wales. There are complicated rules and if you are unsure pleaseemail us.

Does it make any difference if either of us is resident abroad?

No, provided one of you is habitually resident here. Please email us if this is not the case.

Can I rely on my own adultery for a divorce?

No. In this circumstance you will have to ask your spouse to divorce you.

If I want to rely on my spouse's adultery after we are separated will it still count?

Yes.

Can I still take divorce proceedings on the grounds of adultery or unreasonable behavior even if we continue living together?

Yes, provided that, prior to the date your divorce petition is presented to the court, you have not lived together for more than six months.

If we want to use the ground of separation by consent, do I have to get my spouse's consent before I start the divorce action?

No, your spouse will be given an opportunity to consent on the acknowledgement form when he/she receives the papers from the court.