Hopkins Law Ltd

Frequently Asked Questions

Answers to the most common enquiries. If you can't find your answer here, please use our enquiry form or send us an email.

• Residential Property

  • How long will the transaction take?

    This is one of the first questions a client asks. Truthfully there is no definite answer we can give. If there is no chain and no mortgage this will speed things up. Delays can happen due to problems with a title, delays in obtaining a mortgage and long chains of buyers and sellers. We will keep you updated during the course of the transaction.

  • What is a Completion Date?

    A Completion Date is Moving Day. This date is sometimes suggested at the outset of the transaction. If it is it is a target and not necessarily the actual date. The date may change for a number of reasons and will not become legally binding until we exchange contracts.

  • What is an Energy Performance Certificate?

    A Seller is now generally required to provide an Energy Performance Certificate. This will tell you how energy efficient a home is on a scale of A-G. Apart from this the Seller is not obliged to tell the Buyer anything about the structural condition of the Property.

• Divorce

  • How do I get a Divorce?

    By filling in a form called a Petition and taking it to any Divorce County Court or to the Principal Registry in London.

  • When can I 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?

    There is only one ground for Divorce that being that the marriage has irretrievably broken down. The Court will accept one or more of the following factors as proof:
    
    i. That your spouse has committed adultery and you find it intolerable to live with them;
    
    ii. That your spouse's behaviour has been so bad that you can no longer bear to live with them;
    
    iii. Your spouse deserted you at least two years ago;
    
    iv. You have lived apart for at least two years and your spouse agrees to a divorce;
    
    v. That you have lived apart for at least five years.

  • Do I have to live in this Country to get a Divorce here?

    You must both have your permanent homes in England or Wales when the petition is commenced or
    
    You must both be living in England or Wales when the petition is started or
    
    You must both have had your last home in England or Wales and one of you must still be resident here when the petition is started or
    
    You or your spouse must be living in England or Wales when the petition is started or
    
    You must have been living in England or Wales for at least a year on the day the petition was started or
    
    You must have your permanent home in England or Wales and have been here for at least six months on the day the petition is started.

  • Does it matter if either or both of us are foreign nationals?

    No - provided either of you satisfy the residence requirements as set out above.

  • How much will a Divorce cost?

    You may have to pay a Court fee to issue the Divorce petition and to apply for the Decree Absolute. You may not have to pay the Court fee or only a contribution to the Court fee depending on your circumstances. For further information or to apply for a fee concession, download form EX160A at www.hmcourts-service.gov.uk.

  • What if I cannot find the marriage certificate?

    You can contact the office of the Registrar of Births, Deaths and Marriages for the District in which you were married. You will have to pay a fee and they will let you know how much it is.

  • What if my marriage certificate is in a foreign language?

    You will need to have this translated by an expert who will swear / affirm that the translation is accurate.

  • Where do I start my Divorce petition?

    You can start your petition in any Divorce County Court or in the Principal Registry in London. A list of Divorce County Courts can be downloaded at HMCS.

  • Will the Court be concerned with older children of the marriage?

    No - only those who still need your care and financial support because of their age and circumstances. The Court will be concerned with any child who was born to you and your spouse or who has been treated by you as though they were born to you who is under 16 years of age or between 16 and 18 and still at college or full time school. These children are referred to 'as children of the family' and include children you have both adopted but does not include foster children.

  • Why do I have to give the Court details about the children?

    The Court must consider the arrangements you propose for the children after the divorce. The Court can, in exceptional circumstances, hold up the Decree Absolute until satisfactory arrangements are made for them.

  • Do the financial matters between us need to be agreed between the Divorce starts?

    No - the financial matters do not need to be agreed but it is very wise to do so especially as you may lose the right in certain circumstances to have your financial situation considered by the Court.

  • Can I still get a divorce if we are still living together?

    Yes - provided you lead completely separate lives whilst under the same roof eg, you sleep in separate bedrooms, carry out your own domestic duties, cook, eat socialise etc separately.

  • How long does a straightforward Divorce take?

    An undefended Divorce will usually take between four and six months.

  • What if I don't know my spouse's current address?

    If you cannot find out from asking family and friends you may need to engage the services of a tracing agent. We can assist you in this regard. There will be a fee payable and the amount will depend on the individual circumstances.

  • How can I find out if I am already divorced?

    You can carry out a search of the Central Index of Decree Absolutes at the Principal Registry of the Family Division. There is a Court fee payable.

  • Do you advise in relation to sorting out finances?

    Yes - please email: for further details.