Divorce and Separation FAQs
Below are a list of frequently asked questions about family law and divorce. Click a question to show the answer.
If your question isn't answered here complete our Question Form or book an initial free appointment with one of our lawyers.
Divorce and Separation
Q. Can I get a divorce based on my own adultery?
A. No. You cannot petition for divorce based on the grounds that you have committed adultery. Your spouse could petition on these grounds, or you could use other grounds for divorce, most commonly unreasonable behaviour. Book an appointment to discuss how you can obtain a divorce.
Q. Does a divorce include sorting out the house and finances?
A. In legal terms a divorce is purely the ending of a marriage. Any dispute about money or property is not part of a divorce case. Apart from interim maintenance, you have to obtain a Decree Nisi before the court will become involved in any dispute about matrimonial finances or property. Even then, the court does not do this automatically. One of the parties has to commence a separate case (called an ancillary case) by filing further papers at court and paying a fee. Ancillary cases take many months to go through the courts and are also very expensive. There are at least two, and sometime three court hearings, and this type of case costs several thousand pounds by the time you have included barristers fees, valuers fees and many other fees and costs. The best way to deal with matrimonial finances and property is to negotiate a settlement, and then ask the court to make an agreed final order. You don’t have to appear in court for this, and it is much, much cheaper than a separate court case, just a few hundred pounds. This is something that we can help with. For more details read our financial settlements fact sheet.
Q. I’ve heard that a divorce takes years and costs thousands of pounds – is this true?
A. Not really. You might sometimes have to wait for two years before actually starting a divorce, if you have both agreed to base the proceedings on two-years separation and you have only just separated, but in all other cases a divorce takes between three and six months to complete, especially if you have expert representation to ‘smooth out’ any problems along the way. A straight-forward divorce, where both parties are in agreement can be completed by Woolley & Co for a fixed fee.
Q. My wife and I have separated but do not want a divorce just yet – is there anything we can do?
A. If you have decided to separate, but do not want to consider a divorce for the time being, a separation agreement is strongly recommended. Such an agreement sets out what you both agree should happen to the matrimonial home, and all the other assets such as savings and investments, endowment policies and pension funds. This means that there are no 'loose ends' which can cause problems later. Also, maintenance for children can be agreed in such a document. The courts can enforce all aspects of a separation agreement if necessary. For more information read Separation Agreements or if you would like us to arrange a Separation Agreement for you visit our fixed fee advice section.
Q. Will I have to appear in court?
A. In the case on an uncontested divorce you will not be required to appear in Court. A court appearance will only normally be necessary in the following circumstances: • You cannot agree a financial settlement and the case goes to a hearing (this is explained in more detail in the Finances section of this site. • You cannot agree the arrangements for looking after your children
Q. Can I start the divorce?
A. If you have been married for more than 12 months and can demonstrate grounds for divorce (explained in Divorce and Grounds for Divorce) – you can start a divorce. The process is explained in more detail in the How to get a UK divorce section.
Q. How do I get a divorce?
A. This is covered in detail in How to get a UK divorce. If you want to understand the grounds under which you might obtain a divorce this is covered in Ground for Divorce.
Q. How much does a divorce cost?
A. A straight-forward, uncontested UK divorce can be handled by Woolley & Co for a fixed fee of £1,190, this includes VAT and Court fees of £340 which are compulsory. If you and your spouse cannot agree on the reasons for the divorce, arrangements for the children or the division of matrimonial assets you will also need to budget for a lawyers time to advise you on these matters. This is covered in the Cost of Divorce section in more detail.
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