Quick answers to your top 25 divorce questions

Our famous FAQ with quick answers to your top 25 most commonly asked divorce questions...

file4divorce.co.uk are experts in handling both amicable and disputed divorces

1. How long does a divorce take?
   On average a straight-forward divorce takes approximately six months from Petition to Decree Absolute.

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2. How much does a divorce cost?
   Legal costs vary from solicitor to solicitor. Unless your income is low enough to make you fee-exempt there will be court fees of £300 when you commence proceedings and £40 to obtain the final order.

3. I have committed adultery. Can I petition for divorce?
   You cannot petition for divorce relying on your own adultery but your husband or wife can petition based on your adultery.

4. My wife is petitioning for divorce relying on my unreasonable behaviour. Will this effect the financial settlement?
   Only certain conduct that is so serious that it would be inequitable for the court to disregard maybe taken into consideration.

5. I have been looking after the children while my husband has been the traditional breadwinner. Will my contribution be taken into consideration?
   Yes, the court does take into consideration other contributions as well as financial. More often than not, in longer marriages the court will deem there to be an equal contribution.

6. My husband and I have agreed to divorce and we have also agreed the financial settlement. Will we have to attend court?
   No. If everything is agreed, although the divorce and financial settlement will be dealt with through court, it is highly unlikely you will have to attend.

7. I have been separated for six years. Isn’t divorce automatic after a period of time?
   No, it doesn’t matter how long you have been separated, you still have to go through the same procedure when you decide to formally end your marriage.

8. Will the court make a custody order in respect of the children?
   No, not necessarily. The court will only make orders in respect of the children if there is a dispute.

9. I have been living with my partner for a year. Are we now deemed common law husband and wife.
   No, there is no such thing as common law husband and wife. It is a myth. No matter how long you have been living together, your relationship is not recognised in law.

10. I am in a formal civil partnership. Do I have the same rights as a married person?
    In essence, yes you do.

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11. My wife and I have just fallen out of love. Can we divorce?
    If you have not been separated for over two years, you will need to blame the other party for the marriage breakdown either by relying on adultery or unreasonable behaviour.

12. What actually is unreasonable behaviour?
    It can be anything from actual physical violence to complete disinterest. Basically if you feel your husband or wife's behaviour has caused the marriage to break down, it is likely you will be able to petition for divorce relying on unreasonable behaviour.

13. My wife has left the matrimonial home can I change the locks?
    No. Unless financial matters are resolved or there is an injunction in place you are both entitled to access the matrimonial home.

14. My husband has a large pension but I don’t have any pension provision. Can the court provide me with a share of my husband’s pension?
    Yes, the court can make pension sharing orders if it is appropriate in your particular circumstances.

15. My wife committed adultery a year ago. We have tried to make the marriage work but it has not been possible. Can I commence proceedings relying on my wife’s adultery?
    No. If you have known about the adultery for over six months but chosen to continue to live with your wife, you cannot rely on that instance of adultery.

16. Do you have to name a co-respondent in adultery divorces?
    No. Indeed more often than not you will be advised not to so as to avoid problems that may arise in connection with service and the possibility of an answer being filed which will have delay and costs implications.

17. I have only been married for 6 months and my wife has left me. Can I commence divorce proceedings?
    No, you have to be married for 12 months before you can commence divorce proceedings.

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18. I am an expatriate living in Hong Kong. Can I commence divorce proceedings in the U.K?
    Yes, if you are both domiciled in England and Wales.

19. My wife is now living with another man. Will his income be taken into consideration in the financial proceedings?
    Your wife’s cohabitation is likely to be a relevant factor, but the weight it is given will depend on all the circumstances of your particular case.

20. Is it not the case that whatever the circumstances, upon divorce, assets should be divided 50/50?
    No. In fact calculating a divorce settlement is not a precise science. There is a list of factors that the court is required to take into consideration and the facts of each individual case should be considered in light of the factors.

21. My wife has left but I am continuing to look after the children. Should she be paying maintenance for them?
    There is an ongoing liability for the absent parent to continue to maintain relevant children. The amount she should partly depends upon her circumstances. In the first instance you may wish to visit the Child Support Agency website for further information and indeed to use the maintenance calculator.

22. My marriage is over but I don’t want to start divorce proceedings because I really don’t want to leave the matrimonial home while the children are still young. Will I have to?
    The court can make a variety of orders to include making an order that the home is preserved while the children are still minors. If you explain to your legal advisor what you would like to achieve, they will be able to consider your individual circumstances to see if it its possible.

23. My wife has stopped me from seeing our children. What can I do?
    There has to be very good reasons for your wife to be justified in stopping you from seeing your children. If you are able to discuss this with your wife, see if she will change her mind. If not then you may consider mediation or instructing a solicitor to negotiate on your behalf. As a last resort, the court has the power to make an order in respect of your contact with the children.

24. I am considering divorce but my husband and I do not have any assets, only joint debts. What will happen to the debts?
    If the debts are joint then you liability will remain joint and several so the creditors can look to you, or your husband, or both of you to pay the debts. You may like to consider debt counselling if your debts are not manageable.

25. What actually is a Clean Break Order?
    This is when the order made in respect of financial matters serves to sever any ongoing financial liability between the parties.

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