Here you will find a list of questions and answers pertaining to divorce
Once the divorce process has started then it would be possible to make an application for interim maintenance to cover more urgent matters such as meeting mortgage payments until overall financial settlement has been reached.
The agreement could be drawn up into a document known as a ‘separation agreement’. This document, although not strictly binding on the Courts, could potentially minimise the risk of a dispute in the future.
It would be advisable to formalise this agreement by making an application by consent to the Court. If the Court approved the agreement then it would be set out in formal Court Order which would be enforceable as such in the event that one party fails to comply.
As part of the disclosure process, both spouses will be required to disclose any pension funds they may have. The starting point will again be an equal split of the assets, including pensions. Thereafter, to equalise the pension funds it may be appropriate to have a pension sharing arrangement.
Alternatively, if pension sharing is not appealing and there are other assets available then the parties may agree to ‘offset’ their potential pension interest against other available assets from the marriage, such as property or savings.
In this situation it is almost always advisable to make a formal application to the Court to determine the martial finances. Both parties will be duty bound to disclose their finances fully to the Court and other spouse. Failure to do so could result in the Court imposing penalties against the non-disclosing party. For example, this could mean that the non disclosing spouse may have to pay some or all of the other spouse’s costs.
Initially, it is necessary to establish the relevant financial issues from the marriage. This would involve both spouses fully disclosing their financial situations. Then, either the parties may reach an agreement as to the distribution of the marital finances or an application may be made to the Court to request a formal determination.
Either way, the parties should be aware that the Court will take a range of factors into account when making a determination. The starting point would be for the Court to consider an equal split of the assets however, often the party’s needs, most commonly housing needs, will override this. For example, the housing needs of any child from the marriage will take precedence over an equal division of the assets.
Another common factor to be taken into account is the contribution of each spouse to the marriage. This is not limited to financial contribution and if for example, one spouse has been the ‘homemaker’ through the marriage and perhaps taken main responsibility in caring for the children then this contribution would usually be given as much weight as the ‘breadwinner’ of the marriage.
Provided some efforts have been made to try to locate your spouse then it may still be possible to proceed with the divorce. In practice, an application will need to be submitted to the Court to dispense with service. If granted, this will mean that you should be able to obtain your divorce without locating your spouse.
Yes, this is a requirement. However, you may be able to apply for an annulment instead if you meet specific criteria, such as non-consummation of the marriage.
If you are concerned that your spouse will not consent or respond to the divorce then you will need to ensure that the correct grounds are stated in your petition. For example, if you wanted to use the grounds of 2 years separation in your divorce then spouse will need to consent for the divorce to progress, otherwise you will need to consider stating other reasons for the breakdown of the marriage.
An annulment differs from divorce in the sense that In order to obtain an annulment you would need to submit an application to your local Family Court providing details of your marriage and the reason for the annulment, for example, the marriage may have been forced or your spouse was already married.
In certain circumstances this will be possible. If you are living together but effectively leading separate lives then this should be possible. You would need to show the Court that your daily routines are separate, for example that you do not take meals together and that your incomes are not pooled.
There is an initial Court fee payable of £550 when the paperwork is submitted to the Court. You may however be entitled to a discounted fee or an exemption; speak to our advisors to find out if you are eligible.
Unless you are using the grounds of 5 year separation, unfortunately the answer is yes. Your spouse may refuse to consent an application under 2 year separation and adultery, and they may contest unreasonable behaviour. Endeavour Law specialise in these types of cases and will advise you on the quickest and simplest path through the divorce process.
The Court will notify you of the mistake and depending on the nature of the mistake you may need to submit amended documents to the Court. You can trust Endeavour Law to correctly complete your petition, accurately reflecting your circumstances and to the Court's standards - saving you time and stress.
You can apply for a divorce by submitting a Divorce Petition to the Family Court in your area. The Petition will need to include full details of your marriage and the reason for your divorce. Once the Petition is submitted to the Court, the Petition will be sent to your spouse to respond. After this stage there are 2 further applications for the Court to process; these are for Decree Nisi and Decree Absolute. The Decree Absolute marks the end of your marriage and this document will replace your marriage certificate.
This will be once the Decree Absolute, or in dissolution proceedings, the Final Order has been pronounced.
If you are divorcing on the basis of 2 years separation then provided you both consent to a divorce the process is fairly uncomplicated.
Obviously this can depend on the complexities of the case but on average it will take between 4 to 6 months.