Posted by Charlotte Butler-Kitto on 25th January 2016

1. How long will it take; can I get a ‘quickie’ divorce?

There is no such thing as an online divorce or a ‘quickie’ divorce. Every divorce must go

through a Court, and the Court sets down certain timescales that must be followed. Some

delay is purposefully built in by the Court to make sure that the couple take enough time to

appreciate that this is a serious step in formally ending their marriage. Usually, a divorce

(without addressing financial issues) takes between four and six months. A couple who both

want a divorce to be dealt with urgently may be able to improve on that timescale, but only

by a matter of a couple of weeks. If one party causes delay, or if there are outstanding

issues concerning the matrimonial finances, a divorce can take much longer.

2. How much will it cost; and can I make my spouse pay?

The costs of divorce proceedings (without looking at finances) can usually be estimated

quite accurately. We offer a fixed fee divorce for £950.00, which represents our fees of

£450.00 plus VAT, plus the Court fee which is currently £410.00. If the divorce is fault-based

(i.e. based on your spouse’s adultery, unreasonable behaviour or deserting you) then it may

be possible to ask the Court to Order that they should pay your legal costs relating to the

divorce.

3. Can we get a divorce because we both want one?

Sadly, the answer is no. Whilst there are proposals before Parliament to introduce a no-fault

divorce system, at the moment one spouse must prove that the marriage has irretrievably

broken down. This must be based on one of five facts: your spouse’s adultery (not your

own); your spouse’s unreasonable behaviour; your spouse deserting you; that you have

been separated for two years and you both want a divorce; or that you have been separated

for five years.

4. Will I need to go to Court?

You will only need to go to Court in relation to divorce proceedings if they are defended, or if

a costs Order is defended. If your spouse agrees just to let the divorce proceed, then

neither of you should have to attend Court. The Court should produce the documents

required when the correct paperwork is sent to them.

5. What about our finances; isn’t this just split 50:50?

The matrimonial finances are much more of a complex issue than the divorce proceedings

themselves. There is no rule that assets will be split equally. There are a lot of factors that

should be considered when looking at how to share the matrimonial finances, and more in-

depth legal advice should be sought. Please do contact us if you would like to talk about

your matrimonial finances.

 

If you would like to speak to one of our expert divorce lawyers, please call our Exeter based Divorce Lawyers on 01392 421777 or our Plymouth based Divorce Lawyers on 01752 674999.

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