FRISBY & SMALL
SOLICITORS LEICESTER
5 De Montfort Street, Leicester LE1 7GE
72B Main Street, Broughton Astley, Leicester LE9 6RD
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Divorce FAQ’s

Below are some of the questions we are most frequently asked about divorce. Please click on a link to jump to the relevant answer.

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How long does a Divorce take?

Usually, from the filing of your Divorce application to the conclusion of your Divorce (obtaining the Decree Absolute), it should take no more than 4 to 6 months, subject to the Divorce being undefended and on the basis that there are no complicated or unusual circumstances e.g. if one of you are resident abroad.

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How much does a Divorce cost?

The cost will depend on a number of factors. A straightforward divorce with no complications will cost less than one where in depth negotiations and disputes about finances and children are involved. Contact us for a free quotation.

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My partner has committed adultery. Will this affect what I receive in the financial settlement?

No. Admission of adultery will not have any bearing on thecontact Frisby & Small solicitors overall financial settlement unless the conduct of either party is “gross and obvious” to the extent that it would be inequitable for the Court to disregard such conduct. An example of such conduct is a case where the husband had caused grievous bodily harm to his wife to the extent that this limited her earning capacity as a result of her injuries.

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Will we have to go to Court to get a Divorce?

No. So long as the Divorce proceeds on an uncontested basis there is no need for you to attend Court. Everything with regard to the Divorce Proceedings can be undertaken by way of a paper exercise.

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What are the grounds for Divorce?

The key aspect that the Court must be satisfied of is that the marriage has “irretrievably broken down”. This must be supported by one of five factors as follows:

  1. Your spouse has committed adultery and you found it intolerable to live together; or
  2. Your spouse has behaved in such a way that you cannot reasonably be expected to live together; or
  3. Your spouse has deserted you for more than a period of 2 years; or
  4. You have been separated for a period of 2 years and your spouse agrees to the Divorce; or
  5. You have been separated for a period of more than 5 years. No consent required.

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What do I do if my spouse refuses to get Divorced?

Unless you are proceeding on the grounds of 2 years separation with consent, you do not require your spouses’ agreement to the proposed Divorce application.

We would usually recommend that attempts be made to obtain your spouses’ admission to adultery if you were proceeding on this ground prior to issuing an application based on adultery. In the event that your spouse is contact Frisby & Small solicitorsuncooperative, we will recommend that you proceed on the grounds of his/her unreasonable behaviour, which does not require an admission to the factors stated in your Divorce application.

If your spouse does not complete the acknowledgement form to allow you to proceed to the next stage in the Divorce, we will arrange for personal service of the Divorce papers upon him/her. This will allow us to progress the Divorce to a Decree Absolute even in the event that that your spouse refuses to cooperate with Divorce, since we will be able to prove personal service of the Divorce papers upon him/her by way of an affidavit of service, which will be produced by our process server.

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Does it matter whose fault it a Divorce is?

Usually the Court will not take into account either party’s conduct/reasons for the breakdown of the marriage unless the conduct is so “gross and obvious” to the extent that it would be inequitable for the Court to disregard such conduct. An example of such conduct is a case where the husband had caused grievous bodily harm to his wife to the extent that this limited her earning capacity as a result of her injuries.

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Is there such a thing as a “quickie Divorce”?

No. This is a common misconception and has come about as a result of celebrity Divorces, which have been portrayed inaccurately in the media. Usually the Divorce process takes approximately 4-6 months, so long as the Divorce is uncontested.

In some circumstances, the Court is able to agree to an Application for the Decree Absolute being filed prior to the statutory waiting period of 6 weeks and 1 day, however this is highly unusual.

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What if I cannot find my original marriage certificate?

Don’t worry you can apply for a duplicate certificate from the relevant Registry Office or Church where the marriage took place. Usually a fee is payable in the sum of around 7.00.

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What if my marriage certificate is in a different language/foreign?

You will have to have the marriage certificate translated by an independent and qualified translator who will have to prepare a sworn statement confirming that the translation is a true translation. You will need to file the original marriage certificate together with the translation with the Court and the translator’s sworn statement.

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What if I want a divorce but don’t know my spouse’s current address?

It would be advisable to carry out some personal enquiriescontact Frisby & Small solicitors through family and friends who may be connected to your spouse. In the event that you are still unable to locate him/her you may need to obtain the help of a private detective or a tracing agent to help you locate your spouse. Costs vary for this service.

If you cannot locate your spouse after taking the above steps, you will have to apply to the Court for an Order to “dispense with service”. You will have to satisfy the District Judge that you have may every attempt/effort to locate your spouse before dispensation of service will be permitted.

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Can I rely on my adultery and file for Divorce on that basis?

No. You cannot rely on your own adultery; your spouse will have to file for the Divorce on the grounds of your adultery.

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If I want to rely on my spouse’s adultery after we have separated will this still count?

Yes. So long as you have not resumed cohabitation/reconciled after you became aware of the adultery for a period in excess of 6 months.

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Can I still apply for a Divorce on the grounds of adultery, unreasonable behaviour, 2 years separation or 5 years separation, even if we continue to living under the same roof?

Yes, provided that prior to the date that you filed your Divorce Application you were not living as man and wife and that you lived effectively as separate entities e.g. separate bedrooms, independent domestic arrangements, independent living and socialising. You will have to provide a sworn statement to this effect to satisfy the District Judge that you were not living together as man and wife.

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If we have been separated for a period of 2 years, will I automatically be entitled to a Divorce?

No. This is a misconception by many separating couples. You will have to file an application for Divorce on the grounds of 2 year separation with consent. You must have your spouse’s agreement when filing an application for Divorce on this ground.

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If we have been separated for a period of 5 years, will I be automatically entitled to a Divorce?

No. This is a common misconception by many separating couples. There is no such thing as “an automatic Divorce”.

To obtain dissolution of your marriage, you must file a contact Frisby & Small solicitorsDivorce application with the Court on the grounds of 5 year separation. You will not require your spouse’s consent but he/she must be served with the Divorce papers and will have the opportunity to raise issues regarding potential financial claims against you, when completing his/her Acknowledgement of Service Form.

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What if my spouse is resident abroad, will this cause any problems?

No. The UK Courts will have jurisdiction to deal with your Divorce so long as one of you is either domiciled or habitually resident in England and Wales.

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What if we are both foreign nationals, will this cause any difficulties?

No, so long as one of you are habitually resident in England and Wales at the time of filing your Divorce application.

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How can I find out if I am already Divorced?

You can apply to the Court for a central index search. There is a fee payable of 40.00 for a search in the County Court and 60.00 for a search in the High Court.

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Please call us now on 0116 233 5522 or complete the
Online Enquiry form on the right of this page and we will be delighted to help you.