Divorce, Separation & Dissolution
Frequently Asked Questions

How Do I Get A Divorce?

By completing an Application online.

What Are The Grounds For Divorce?

There is only one ground for Divorce, that being that the marriage has irretrievably broken down. An Applicant can apply or couples can agree to file a no fault Application.

Must I live in this country to get a divorce here?

You must both have your permanent homes in England or Wales when the Application 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 Application is started or

You or your spouse must be living in England or Wales when the Application is started or

You must have been living in England or Wales for at least a year on the day the Application 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 Application 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 Application and to apply for the Divorce Order. 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.

How do I start my Divorce?

You can start your Application online at www.gov.uk

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.

Do the financial matters between us need to be agreed before 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 we still get a Divorce if we still live together?

Yes – provided you lead completely separate lives whilst under the same roof, e.g., 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 no take at least 26 weeks.

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

A postal or e-mail address can be used for service. 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 us for further details.

kmordey@hopkinslawltd.com