Frequently Asked Questions

  • How long does the divorce process take and what is involved?
  • The normal divorce takes between 12 - 14 weeks, however some courts can be busier than others and delays can occur. Our advice is to keep chasing the court if you need a speedy divorce.
  • What are the likely costs?
  • Currently the court fees are £340 (from September 2010) when you file the divorce petition with the court and £45 (from September 2010) when you apply for your final divorce decree.
  • How do I find my local court?
  • You can use our FREE Court Locator to find your local court. Simply click here to search.
  • Why are you so cheap?
  • We are an expert online divorce service - therefore 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 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?
  • Since 1968 there has been just one ground for divorce - irretrievable breakdown of marriage. However, you have to 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?
  • 6 weeks, 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 behaviour 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 my spouse 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).

    We can provide you with a ‘Request for Service by Court Bailiff’ form.
  • What if the person initiating the divorce does not apply for the Decree Absolute, can the other partner 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. The fee exemption form and guidance notes are both available from our site once you are registered.
  • 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 realise that your ex. can make a claim against your estate after you die. There are special rules, and a claim will not succeed in every case, but it is wise to get an agreement on finances and if appropriate obtain a 'clean break' order.
  • 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 please e-mail us.
  • Does it make any difference if either of us is resident abroad?
  • No, provided that one of you is resident here you can get divorced.
  • Can I rely on my own adultery for a divorce?
  • Afraid not, in this circumstance you will have to ask your spouse to divorce you.
  • Can I rely on my spouse's adultery even after we are separated - will it still count?
  • Yes
  • Can I still take divorce proceedings on the grounds of adultery or unreasonable behaviour 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.
  • I have a problem recieving emails from you ? (Hotmail / Yahoo / AOL users.)
  • All divorce packs and emails are sent automatically by our server once a payment has been accepted. Sometimes, our email to you will have been treated as junk mail, more commonly if you have a Hotmail or AOL email account. We recommend that you should always check your Hotmail MSN Junk Email Folder or Yahoo Bulk Folder for any emails from Click-Divorce.co.uk.