The national average wait time for a divorce to be finalised, from start to finish, has been falling consistently for over five years and it has never been easier or more straightforward to separate. There are lots of guidelines online to give you an idea of how long your divorce might take, and though some divorce providers quote a figure of 22 weeks, our number is around 12 weeks. This is an average of all our divorces that are processed around the UK, but it usually holds true for most people. It’s worth noting that several factors can influence exactly how long it takes to fully divorce, and they can range from things within your control to things you might need a little bit of extra help with. To set yourself up for the most straightforward divorce, you should make sure you and your partner are on the same page and have agreed to the divorce on terms you have addressed with each other. You should also have been married for at least one calendar year before you begin proceedings, as this is the minimum length of time you must be married before you can legally divorce.
Making it move quicker
Most couples who divorce quickly have been separated for some time first, but don’t worry if that isn’t the case for you. The only real reason long separated couples have an edge is because often they have moved on from the more emotional aspects of the process and are focussed on the logical and business-like aspects of completing formal paperwork. If you and your spouse are recently separated, make sure that you are emotionally prepared for the pitfalls that can come with going through a divorce and ensure that you both definitely want to go through with it. Some people choose to have counselling first, or they get some form of coaching and support to make sure they feel strong enough for how gruelling the process can be in acrimonious cases.
Agreeing to the basic principles of the separation you’re both looking for will set you up in good stead for the legal proceedings. You should both make an honest list of your finances and come to an agreement between yourselves about what would be a fair solution in the dissolution. Take into account whether one of you will be the primary caregiver and have the children living with them, how much will this cost? How will they be taken care of? These are all important things the court will want to know. You can begin your divorce before the arraignments have been finalised, so don’t let that hold you back from filing. Many people use the time it takes for the court to process their divorce as an opportunity to negotiate their settlement. When filing your divorce petition, the temptation might be to choose your nearest divorce centre but wait times can vary hugely around the country. Some centres might be inundated with petitions and this will slow down your divorce massively, but we can help you find one that isn’t too busy with other work and give you an edge.
Your spouse
Once you have filled in your petition and filed it with the court, it will be sent to your spouse. If they respond with their Acknowledgement of Service Form promptly then you can trim up to 21 days off the process compared to them choosing not to respond at all. You will then receive a case number, and at the 8 week mark a judge will deliberate on whether your marriage has broken down with no going back. If they agree, you will soon both be in possession of your Decree Nisi certificate. We recommend filing your Consent Order at the same time as your Decree Nisi application. This Order is the only way to guarantee that the financial deals you and your ex-spouse reach are enforceable by law and your partner can’t take you to court in the future to ask for more money or assets. Clean Break Agreements help tie up financial matters like maintenance and division of property, savings, pensions etc. Our Personalised Plus Service package includes a Clean Break Order and Lifetime Will as standard at a great saving.
Getting your Decree Absolute is the final step, and you can apply for this 6 weeks and one day after you receive your Decree Nisi. Roughly two weeks later you will have your official certificate that states you are legally divorces and the process is finalised. You can now remarry!
It might be tempting to opt for a DIY divorce and try to complete and file all of the appropriate forms yourself, but with twenty years of experience and a team of dedicated case managers we can offer unrivalled support and insight into the process that can shave weeks off your divorce. Request a call back today for free, impartial advice and see if we’re right for you.
The course of true love is bumpy, and separation can be even rockier. When you make the decision to divorce, you’re always hoping for a straightforward and amicable split with both parties trying their best to make it work. Sometimes that just isn’t the case and your partner may not want to play ball. The most common way your spouse could try and slow down or even stop the process of divorce is by ignoring your petition when you file it, and not sending back their Acknowledgement of Service. Though it’s tempting to assume the worst if you don’t get an immediate response from them once you’ve filed, it’s worth finding out if they received the papers at all. Perhaps you have an old address for them, and their mail hasn’t been re-directed? Whatever the reason, your first steps should be to find out and then prove they have been served with the petition.
Serving the papers
You can ask the court bailiff to personally serve them with the papers for a fee, or you can hire a private process server. This can be costly but will prove to the court that you are willing to take serious steps to locate your spouse and will probably culminate in them finding and serving them with the appropriate papers. It is true that divorcing after five years of separation can be done without consent, you must then satisfy the court that you have tried to contact your spouse to serve them the papers using all reasonable means. You must prove to the court that you do not know where your spouse is, and that you have contacted their friends and family to attempt to get in contact with them. You must also have taken steps to track them down using the electoral roll, their last known employer and even their bank.
Divorce without consent
It’s difficult to persuade a court to allow you to separate from your partner without consent unless you really have exhausted all possible avenues to try to get in touch with them, so it is in your interests to try your best to locate your spouse to reduce the cost of your divorce and the time is takes for you to get your decree absolute. You should send your completed forms to the last known address of your partner, and then your regional divorce centre will let you know if the divorce petition is returned unopened. If it is, you can then apply for the petition to be sent through another method such as via email, or by applying to have the centre search other government departments for their new address or other addresses. If all of your searches are fruitless, you will be forced to fill in the statement to dispense with service of divorce petition to ask the court to proceed with your divorce proceedings even though the respondent could not be served with the papers. This will incur a £50 court fee.
In a worst-case scenario, your spouse may be dead, and you would then be forced to apply for a D8D form to end the marriage through other means. This will incur a £365 court fee and we would recommend it goes along with formal legal advice on gathering appropriate evidence, but once the form is filed you will be granted a form allowing you to officially remarry in the future.
If you’re still confused about how the court deals with an unopened divorce petition, you can call us today for free, impartial advice.
With the average cost of a divorce in the UK now standing at more than £14,000 when legal fees and changes to people’s living arrangements are taken into account, it’s understandable that anyone that’s looking to end their marriage wants to know what they can do to save money on the process. This is what results in people regularly asking whether or not their divorce will be cheaper if the parties agree to it.
Generally speaking, the vast majority of divorces are uncontested meaning that both spouses want to divorce. As a result, the fact that the parties agree to the divorce rarely makes the process cheaper. Instead, it is the services that are used and their personal circumstances that are more likely to drive down the cost of their divorce.
Court fees for divorce in the UK
Sadly, the UK’s courts request a fee of £550 be paid to them when a Divorce Petition is filed in order to cover their administrative costs. This fee is required irrespective of whether you have a solicitor, are doing your own divorce or you’re using an online divorce provider.
You may have this fee reduced or may not even need to pay it at all under certain circumstances, however. To find out if you need to pay court fees when filing for a divorce simply click here.
High-street solicitor divorces are expensive
Undoubtedly the most expensive way of getting a divorce is to instruct a solicitor. They charge up to £500 per hour and it’s easy to see how costs can rapidly spiral out of control as a result. Combine this with the fact that they’re obliged to pick holes in agreements – making matters more complicated in the process – and a solicitor-led divorce can easily cost thousands of pounds.
If a couple consent to a divorce and how to divide their joint assets, there is absolutely no need to instruct a solicitor; in fact, doing so would be little more than a waste of money. The only circumstances under which it would be advisable that someone uses the services of a solicitor is if they and their spouse are unable to negotiate a financial settlement between them or with the assistance of a mediator.
DIY divorce can be cheap… but is often a false economy
If you’re able to, completing your own divorce papers and filing them with the court is undoubtedly the cheapest way to get a divorce… provided said papers are completely free from mistakes. With the fee for submitting corrected documents exceeding £100, small mistakes can quickly result in big costs.
How much does a divorce cost with Quickie Divorce?
Twenty years ago, Quickie Divorce identified that, with people left with no option but to pay excessive solicitors’ fees or do their own divorces, there was a gap in the market that people desperately wanted filled. Accordingly, we created our pioneering fixed-fee packages and will complete all of your divorce papers for just £67.
For additional financial security, we’ll also complete all of your divorce papers plus a Clean Break agreement for just £167.
If you’ve made the difficult decision to divorce, you might be assuming that your house and finances will simply be split down the middle and divided evenly between you and your spouse in court. It’s an understandable assumption but it doesn’t always capture the full picture of how complex it can be to sort out finances that have been tied up with someone else for a number of years. The courts take several things into account, and they base these things around a specific section of the law regarding marriages. The financial implications of your divorce can be the most important part of the separation, so it’s important you take the proper advice before you approach the court. All of our packages include financial advice as standard.
Section 25 of the Matrimonial Causes Act 1973
This section covers the criteria the court will use when considering how to divide finances when a couple seek a divorce from one another. In the eyes of the court, a parent who chooses to stay at home to ensure the smooth running of the household and take the bulk of the child-rearing has contributed just as much to the family unit as a parent who works and brings home money.
How to prepare for negotiations
There are some things you can do in advance to streamline the process and give yourself the best chance at a fair settlement. You should get all of your financial documents in order and ensure that they are dated and labelled to make it easier to refer back to them. You should also apply for statements to show the current value of any pension funds you might have. If you are planning on arguing for a specific split, it’s best to formulate the reasons you’re asking for the sum you’re looking for. Ask yourself, can I afford to live on my own? How much am I currently spending in a month on myself and my children? If you are not working, or are working part-time, would it make sense to take on extra hours? Childcare should always be taken into account, and any costs associated with your home currently and potentially in the future. There are online resources that can ease the burden and help you calculate some of these sums, and you can also identify if you now qualify for financial help from the government or child maintenance.
All of our packages include financial advice as standard, and our Personal Plus package even comes with a free Clean Break agreement worth £99. Clean Break Orders ensure that your ex-partner cannot go back to court to ask for more money or assets post-divorce and are the only way to guarantee that financial deals you and your ex-spouse reach are enforceable by law. Give us a call today and we can get you started.
Quickie Divorce’s customers regularly ask our advisers whether or not they believe the reasons they’re divorcing their husband or wife are acceptable. In some instances, these people want to know if their reasons are legally acceptable and if a judge will be sufficiently satisfied to grant them a divorce. Others are seeking assurance that the cause of their marital dissatisfaction are reasonable and justified. Whatever they’re reason for asking us this question, though, we have the answers.
What are the legally acceptable reasons for divorce
There are a total of four legally acceptable reasons for divorce, each will need to be accompanied by certain information in order for the application to bring about the end of the marriage. These reasons are:
Adultery
Adultery takes place when a married spouse willingly engages in sexual intercourse with a member of the opposite sex. Surprisingly, other sexual acts do not constitute adultery, nor is it legally considered to be adultery if a spouse has a sexual relationship with someone of the same sex.
In order to successfully obtain a divorce on the grounds of adultery, the spouse applying for the divorce will need to state when they discovered the adultery had taken place, how they found out and the date in which they and their spouse then separated.
Unreasonable behaviour
Unreasonable behaviour is used when someone has behaved in such a way that their husband or wife feel that they cannot remain married to them anymore.
When filing on this ground, it is necessary to provide at least four examples of unreasonable behaviour. Most importantly, the applicant must state how this behaviour negatively affected them.
Two-year separation with consent
As the name suggests, this ground can be used when a couple have been living separate lives for more than two years and they both agree to a divorce.
When filing on this ground, the only information the courts will need is the date on which the couple began living separate lives.
Five-year separation
Like the reasons discussed previously, this ground is equally simple and can be cited when a couple have been living separately for more than five years. Unlike the reason given previously, though, there is no need for both parties to agree to the divorce.
Again, the only additional piece of information required when these grounds are relied upon is the date the couple separated and began living apart.
What about morally acceptable reasons for divorce?
The decision to end a marriage is one that is so often fraught with doubt and uncertainty that it should come as no surprise to hear that the people that are going through it sometimes seek assurance that they’re doing the right thing; that their decision to divorce won’t be viewed as superfluous or reactionary. When a customer queries whether or not we feel that their decision to divorce is the right one, we always advise them to consider whether their marriage was making them happy. If they can honestly say that it wasn’t, then their decision to divorce is, in our opinion fully justified.
If you have any other questions about divorce, click here to request a call from one of our advisers today.
With the ever-rising cost of getting married in the UK, more and more couples are looking abroad for their big day. Paying for the day’s run of your local castle, a full package of photos and enough food and drink to keep a few hundred-people happy for an evening can add up easily to a few thousand pounds and its simply not affordable for many cash-strapped couples. Far more appealing is the idea of inviting your closest friends and family to fly out somewhere warm and watch you celebrate your love, grabbing a quick holiday in the process. It’s an ideal set up where everyone is happy, that is unless you eventually separate and start to think about officially divorcing. You and your partner are both under stress, trying to navigate a process that can be confusing even in straightforward instances – but you married abroad. Does this mean you have to divorce abroad, too? Thankfully we’re here to explain it all so you can focus on maintaining an amicable relationship and sorting your finances out like any separating pair of British citizens. Our handy 'At a Glance' guide should help you follow the steps.
I live in the UK, but was married abroad
As long as you or your spouse are currently living in the England or Wales, you are under the jurisdiction of their courts regardless of where you were married. This means you can easily divorce here using Quickie Divorce, provided you both consent to the process. Problems could spring up if your marriage certificate was issued in another language, as it should be in English for the divorce process. If this is the case, you will need to get a notarised copy of the document, this means you will contact and pay a professional to translate the document and then visiting a Public Notary for them to declare that the translation is correct. This can be a costly procedure, but it needs to happen for you to divorce so its well worth the expense.
Other issues can arise if you no longer have the original copy of your marriage certificate in the first place – you will then need to get a certified copy which can only come from the relevant authority within the country you were married. Each country has a different process for this, so it’s worth getting in touch with their individual government to find out what your next steps are. To streamline this you can also reach out to your holiday or wedding planner, if you used one, because they will be well placed to be familiar with the local procedure. Contacting the relevant embassy is also a useful idea.
I still live abroad but my spouse is in the UK
If your spouse currently lives in England or Wales and you live abroad, you can still divorce them. You can act as the petitioner and send them, and the courts the completed divorce forms and they can ask as the respondent, and consent to the divorce. Please note that despite being part of the UK, for the purposes of divorcing in England and Wales, Northern Ireland and Scotland also count as ‘foreign’ and are subject to the same difference in process. Couples should use courts in those countries if both parties reside in them.
I divorced abroad, is it valid in the UK?
It depends. If your divorce was granted in an EU member country, then the divorce will almost certainly be recognised in the UK. There will usually have been a formal legal system with binding orders that utilise formal procedures regarding legal matters in order for them to be a member nation in the first place, so you’re probably in the clear. If the divorce was granted in a country outside of the EU, you should consider whether the process you followed was formal, with a requirement to submit documents and a process of review before it was approved similar to how the UK courts would deal with the papers. If there was a formal procedure and the divorce is officially recognised in the country where it was granted, it is probably valid in the UK too.
The biggest indicator of if your foreign divorce is valid is if either of you have any connection to the country you divorced in. If one of you is originally from there or currently lives there, and that’s why you divorced there, this makes sense and the process was probably binding and fully recognised all over the world. If not, you need to ask yourself why.
You should seek legal advice if you are still unsure, as an incomplete divorce can potentially cost you huge amounts of money in the long run inheritance claims and problems with wills.
For specific advice, you can contact us and we can assist you.
A far greater number of married couples separate – only to remain married indefinitely – than anyone would reasonably expect. As a result, people regularly contact Quickie Divorce and ask us how they can divorce a spouse they’ve not seen or spoken to in several years.
In response, we inform them that whilst it’s possible to obtain a divorce without knowing their spouse’s whereabouts, it’s significantly easier if they do and they should therefore try the following:
If you’re still in contact with or are able to contact any of your spouse’s friends, family, colleagues or anyone else, it’s worth getting in touch with them to see if they can put you in touch with them.
Once common hurdle people face here is convincing people to hand over the contact details they need but several people have informed us that they achieved their goal by instead providing mutual friends or family with their details and asking them to pass them on to their spouse and ask them to get in touch.
If your former spouse is registered to vote and still live in your local area, you’ll be able to find their current address by contacting your local Electoral Registration Office. You can find yours by clicking here.
In the event that neither of the above bear fruit, your best chance lies with a private detective.
The good news here is that they shouldn’t need any information you’re unlikely to have. Generally, they’ll need your spouse’s name, their date of birth and an old address. The bad news is that their industry isn’t regulated so we’d recommend that you do your research on any individual and/or organisation you’re considering before instructing them.
But can you get a divorce if you can’t find your spouse?
In the event that you’re unable to locate your spouse, you can still obtain a divorce, but you must formally ask that the court allow you to do so. In order to make such a request, you’ll have to apply for a divorce as usual and provide the last address you possess for your spouse. If this is returned to you unopened, then you can resubmit your documents to the court along with a completed Statement to Dispense with Service of a Divorce Petition and a fee of £50.
Within this form, you’ll need to outline everything that you’ve done in order to try and locate your spouse and your divorce application will be allowed to proceed without your spouse’s knowledge if the courts are satisfied with these efforts.
Did this post answer your question? If you still need information about divorce in the UK click on the link to contact our team of advisers today.
There’s a stigma surrounding all legal proceedings; specifically, people assume that they’re certain to be protracted, mired in tradition and, ultimately, convoluted. The process of getting a divorce in the UK is actually largely straightforward… under certain circumstances.
The four stages of divorce in the UK
The divorce process can be broken down into four separate stages:
Each of these steps requires the completion and filing of paperwork. The Petitioner (the person applying for the divorce) will need to complete steps one, three and four, whilst the Respondent (the Petitioner’s spouse) will be responsible for step two.
By and large, these forms are easy to complete, with the exception of the Divorce Petition where needing to select the correct jurisdiction, choose your grounds for divorce and provide further details are all capable of both drawing out and increasing the costs of the divorce process. If you married abroad, it’s made harder again by the need to reference elements of your marriage certificate word-for-word which, surprisingly, is harder task than you’d think.
What happens if you make a mistake?
If a mistake is made at any stage, you will be asked to amend and then resubmit your documents. Each time that this is required, a fee exceeding £100 will need to be paid to the court meaning that the process will not only suffer delays, but significantly increased costs too.
What if your spouse doesn’t agree to the divorce?
If you’ve filed on certain grounds, you’ll be able to proceed without your spouse consenting to the divorce. If you’ve filed on the grounds of two-year separation, there’ll be no way you’ll be able to proceed whereas, with adultery, you’ll need to go through the extremely difficult task of proving that your spouse was unfaithful.
In the event that you filed on the grounds of five-year separation or unreasonable behaviour, you’ll be able to obtain a divorce without your spouse’s consent, but the process is certain to become protracted and more difficult if this is the case.
What about your divorce settlement?
Whilst the task of dividing joint funds and assets is not technically part of the divorce process (you can actually get divorced without having an agreement in place) it’s highly advisable that you try to reach an agreement with your spouse before you file your petition. If you are able to do this, you’ll be able to make the agreement legally binding prior to the divorce process concluding.
If you and your spouse can’t reach an agreement, we’d recommend you delay starting your divorce until you have something in place as, whilst there is no legal requirement for you and your spouse to have an order in place before finalising your divorce, you’ll be leaving yourself open to claims in the future – and these can even include post-divorce earnings – if you don’t.
How you can make the divorce process easier
By following a few simple steps, you can go a long way towards making the divorce process significantly easier:
A common question levelled at divorce firms and solicitors is ‘How long do I have to be married for a divorce to be automatic?’ and the answer is a complex one. There’s actually no set amount of time before you can process an automatic divorce because they simply don’t exist in British law. There is one set divorce process regardless of how long a couple has been married for, but the grounds for the divorce you’re seeking can vary based on how long you have been separated. Unhappy couples can divorce if one has committed adultery, if they have been separated for two or five years, based on unreasonable behaviour or under cases of desertion. Our ‘At a Glance’ guide can be used as a handy reference to how you can expect the divorce to proceed.
Five years of separation
There is a widespread myth that after five years of separation you can divorce your spouse without them being granted an opportunity to comment on or even see the papers that are being filed. It’s so widespread that we have tackled the issue in brief on our own blog, yet it keeps coming up again and again. The usual way a couple would begin proceedings, using five years of separation, would be with one member acting as petitioner and filing for divorce and the respondent returning their acknowledgement of service form to their local divorce centre to confirm they have been served by post with the petition. You can then apply or your decree nisi, which will be granted, and then the decree absolute. This process should take around four months but as divorce centres are regional, the time might differ in your local area. Provided you know where your spouse is, this method of divorce is an easy one, but if they don’t respond for whatever reason your options change.
They may have not responded because they didn’t receive the papers, in which case you need to prove they have been served with the petition. This can be done by asking the court bailiff to serve them personally, or by hiring a private process server to do this for you. This will cost anything from £100 to £200 depending on which method you choose but will stand as proof that they have been served and you can progress with your divorce and decrees in the usual way. Though it is true that divorcing after five years of separation can be done without consent, you must then satisfy the court that you have tried to contact your spouse to serve them the papers using all reasonable means. You must prove to the court that you do not know where your spouse is, and that you have contacted their friends and family to attempt to get in contact with them. You must also have taken steps to track them down using the electoral roll, their last known employer and even their bank.
Divorce without consent
It’s difficult to persuade a court to allow you to separate from your partner without consent unless you really have exhausted all possible avenues to try to get in touch with them, so it is in your interests to try your best to locate your spouse to reduce the cost of your divorce and the time is takes for you to get your decree absolute. You should send your completed forms to the last known address of your partner, and then your regional divorce centre will let you know if the divorce petition is returned unopened. If it is, you can then apply for the petition to be sent through another method such as via email, or by applying to have the centre search other government departments for their new address or other addresses. If all of your searches are fruitless, you will be forced to fill in the statement to dispense with service of divorce petition to ask the court to proceed with your divorce proceedings even though the respondent could not be served with the papers. This will incur a £50 court fee.
If your spouse is presumed dead and you have sufficient evidence, you don’t need to send your divorce petition and can then end the marriage using a D8D form. You will have to pay a £365 court fee and should take legal advice on gathering the appropriate evidence but can then use your form to remarry in the future.
We understand the process can be a confusing one, and we’re happy to answer any questions you might have in the comments. Remember to use as much detail as possible so we can give you the most appropriate advice.
One woman’s fight against a family court ruling could change the way couples separate forever. In 2015 Tini Owens, 68, sought a divorce and told the court that she wanted to end her 40-year marriage to her husband Hugh Owens, 80, because they had become unhappy together. Refused a divorce from a family court and the court of appeal, Tini took her case to the UK’s highest court this year where supreme court judges were forced to “reluctantly” dismiss her on the basis that a joyless marriage is not yet adequate grounds for a divorce if one spouse refuses to agree. The five judges unanimously upheld the earlier rulings that the pair must stay married, despite the complaint from Owens that the marriage was loveless and had broken down. “The appeal of Mrs Owens must be dismissed. She must remain married to Mr Owens for the time being,” the supreme court judge Lord Wilson said in the majority ruling. “Parliament may wish to consider whether to replace a law which denies to Mrs Owens any present entitlement to a divorce in the above circumstances.”
Consultation on no fault divorce
Following the ruling, the Government announced plans for a major consultation on introducing a ‘no fault’ divorce in the United Kingdom, where one partner would not need to file for divorce against another who admits culpability. Resolution, an organisation that represents 6,500 lawyers working in family law and supports the introduction of no-fault divorce, welcomed the move and confirmed there was a “divorce crisis” in England and Wales. Nigel Shepherd, the body’s former chair and long-time campaigner for no-fault divorce, said: “In practice, our current laws can often create unnecessary conflict in divorce – forcing couples to blame each other when there is no real need, other than a legal requirement, to do so. For over 30 years Resolution has been campaigning for a system fit for a modern age, where separating couples are treated like responsible adults and supported to resolve their differences as amicably as possible.”
If the consultation passes successfully, introducing a no-fault divorce in the UK would undoubtedly be a good thing for families who have struggled to come up with a reason other than that they just fell out of love, or for partners who are still on good terms and have no interest in effectively ‘blaming’ one for the marriage falling apart. The no fault divorce could keep families on better terms by maintaining their privacy at a time of high stress and would hopefully lead to stronger co-parenting relationships where each parent is on an even footing with one another. Until then, though, the law still insists that one partner be the petitioner and on the respondent. This means that when you’re seeking a divorce, one of you has to effectively serve the other with a divorce, by citing one of several set grounds for the separation. Grounds for divorce range from separation for terms of two and five years, adultery, desertion and unreasonable behaviour.
Unreasonable behavior in divorce
Unreasonable behaviour is a hugely popular reason to file for divorce, because examples of ‘unreasonable’ behaviour are so far reaching. Official guidance from the Government suggests that any behaviour that you could not be expected to live with would suffice, including physical violence, verbal abuse and drug or alcohol abuse. Other, perhaps less obvious, reasons that are also often referenced by disappointed spouses include
The examples themselves will not be enough to prove your grounds to the court, you will need to remember specific instances of their negative behaviour and cite them in some detail. Usually five examples are an ample number, and you will need to explain what happened and how it made you feel. If you are intending to separate amicably, it’s a good idea to talk to your spouse about your examples before they read them in court documents, because it can be a shock to read an emotional account of your behaviour. Some couples even choose for the respondent to write their own examples of their unreasonable behaviour so relations between both parties don’t become strained, but that would be your choice.
Going through a divorce will always be a difficult time for a couple, particularly when there are children involved, but maintaining an amicable relationship can help streamline the process for all parties. Quickie Divorce has helped hundreds of thousands of uncontested couples separate, and our Personalised Plus Service package even includes a Clean Break Agreement to guarantee that financial deals you and your ex-spouse reach are enforceable by law.
In order to file for a divorce, you’ll need to complete and submit a Divorce Petition to the court. Furthermore, you’ll need to complete several additional documents and, if you intend to ask the courts reduce or waive their fee for divorce, will also need to complete and present an EX160 form alongside your other documents.
All of the documents that you’ll need can be downloaded from the official government website. In fact, virtually any standard piece of court documentation can be found on this site. What this site does not provide, however, is guidance on how to complete these forms correctly and, with the courts charging in excess of £100 each time a corrected piece of documentation is needed, it’s easy to see why this presents a problem to people looking to do their own divorce.
How to get help with your divorce papers
When people chose to complete their own divorce papers, their documents often contain mistakes, just one of which is sufficient to completely negate the financial benefits of doing your own divorce. What, though, can be done to reduce the likelihood of the courts declining your application because of errors?
The cheapest option is to seek the help of friends or acquaintances who are familiar with the divorce process. Another is to scour the internet and find advice on how to complete the relevant forms. Both options are, however, highly problematic as the courts regularly make changes to their documents meaning that any articles you find online are likely to be out-of-date and that anyone you know that has been through the divorce process probably also completed a completely different set of papers. Basically, neither of these options are full proof – but there is one that is.
For just £67, Quickie Divorce will complete all of the documents you’ll need to file for your divorce and, if the courts reject them because of our error, we’ll cover the resubmission costs. This means that, for less than the cost of submitting amended documentation to the court, you can have every form you’ll need completed for you by a professional; and you can rest assured that £67 is the only fee you’ll pay to any company.
Don’t forget your clean break
As costly as incorrect Divorce Petitions and other documents can prove to be, they pale in comparison to the potential cost of failing to obtain a clean break.
A clean break or Consent Order – to use its technical, legal name – is used to formalise agreements couples have made concerning the division of their assets by making them legally binding. If one is not obtained during the divorce process or shortly after the divorce has been granted, either spouse can claim a share of the other’s assets – even if they’ve been earnt after the divorce was finalised. All in all, it’s easy to see how you can lose out financially if you don’t obtain one of these orders.
There’s good news, though, Quickie Divorce will prepare all of the documents you’ll need to obtain a divorce and a clean break for just £167.
Owing, perhaps, to the very different divorce procedures used in other nations, people that contact Quickie Divorce consistently assume that they and their spouse must have been living separately for a set period of time (six months or one year being the most common presumptions) before they can request a divorce. Legally, no such restrictions exist, and a divorce can be filed immediately after a couple begin living separate lives. Your personal wishes and circumstances, however, may well affect when you should file for a divorce.
Your grounds for divorce effect when you can file
If you intend to file for a divorce on any of the fault-based grounds (adultery, unreasonable behaviour or desertion), then you and your spouse do not need to have been living separately for any set period of time. Provided you are living separate lives, you can file for a divorce reliant on a fault-based ground at any time. If you’re unwilling or unable to rely on these grounds, however, then you and your spouse will have to have been living separately for more than two years before you can request that the courts grant you a divorce.
Why no-fault divorce can only be obtained after two years
The two non-fault-based grounds that can be cited when applying for a divorce are both time sensitive. The first, two-year-separation with consent, can only be used if you and your spouse have been living separately for more than two years and you both agree to the divorce. The second, five-year-separation, can only be used if you’ve been living separately for five years or more, though consent is not necessarily required.
Should you apply for a fault-based divorce?
In my experience, most people would prefer to avoid fault-based grounds for one of the following reasons:
In the event that you do not believe that your spouse will accept they were at fault, it’s best to avoid filing on these grounds altogether. You can technically still obtain a divorce if they do not consent to the reasons you provide, but it’s certain to result in increased expense as you’ll need to employ a solicitor due to the fact that your divorce will now be contested. If, however, you’re concerned that the details of your divorce will be made public or that your grounds will affect any settlement you and your spouse have negotiated, don’t; these are both common, but ultimately inaccurate, assumptions.
Why you can be living separately whilst sharing a home
It’s widely assumed that people aren’t living separately until they’re in separate homes – but this is not actually the case. A couple can be living separate lives whilst still sharing a property provided they sleep in separate bedrooms, prepare their meals separately etc.
Alternatively, if you have any further questions about divorce, you can contact Quickie Divorce’s enquiries team.
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