Frequestly Asked Questions

Frequently asked questions and answers from Divorce Negotiator.

How do I get a divorce?

There are several legal requirements you need to consider before taking steps to get a divorce:
You need to have been married for more than a year.
Your marriage must be legally recognised in the UK (includes same-sex marriage)
You must have a permanent home in England or Wales
See here for more information on how to get a divorce.

What are the grounds for divorce?

There are 5 grounds for divorce:
1. Adultery
2. Unreasonable Behaviour
3. 2 years separation with consent
4. 5 years separation without consent
5 Desertion
Click for more detailed information on grounds for divorce

Is there a list of divorce papers for England and Wales?

A comprehensive list of the papers used in a divorce settlement is listed here. You may not need all of them.
List of divorce papers

Can I file for divorce if we still live together in the UK?

You can file for divorce if you still live together. Depending on the reason for divorce, you need to prove that you live separate lives but under the same roof. This will include separate bedrooms, eating meals separately.

How long after divorce can you remarry in UK?

You can remarry almost immediately after receiving your Decree Absolute. There is no “waiting” period before getting married again.

However, plans to re-marry or to cohabit after Absolute being granted need to be declared on the Form E or on the D81 if having a Consent Order. This could have implications on the financial settlement.

Is dating during separation adultery in UK?

In English law, adultery is defined as sexual intercourse with a person of the opposite sex other than the spouse.
If you are still legally married, but in a relationship with a new partner of the opposite sex, then this can be considered adultery in English family law. So, if you separated, and then found a new partner before getting divorced, this can be considered adultery. Proving adultery is a different matter.

How long does a Decree Nisi take?

Normally a Decree Nisi takes between 6-8 weeks from the date filed at court. Please visit here for a complete timescale of divorce

What is the meaning of an amicable divorce?

Where both parties agree to get a divorce and both parties are in agreement to negotiate a financial settlement in the form of a consent order. An amicable divorce can make the process quicker and cheaper

How do I apply for a Decree Absolute?

With a D36 application. Usually, during the divorce process, this is done after the courts approve the financial order and is done 6 weeks and 1 day after the Decree Nisi is issued.

How to apply for a Decree Nisi?

You serve a D84 application and a D80 statement in support along with the D10 Acknowledgement of Service. This can be done now as part of the online system, via your government account.

Are you divorced after a Decree Nisi?

Definitely not. The Decree Absolute is the document that completes your divorce. The complete divorce process can take anything from 16 weeks upwards.

What happens after a Decree Nisi?

You can file your financial settlement with the court for the Judge to approve your order under the MCA 1973. Or nothing, parties merely wait for the 6 week period between nisi and absolute.

How much is a divorce?

If one party is on a low income then they will be fully or partially exempt from the court fee, saving them up to £550.00.  And approximately 3 hours billable time for a solicitor to do all the paperwork for just a divorce however, a financial settlement will cost extra due to the extra work involved.

Will we have to go to court to divorce?

Only if the Judge wishes to discuss the financial order with you both.  Or if he feels that part of section 25 of the Matrimonial Causes Act 1973 is not complied with which shows many important factors parties need to consider during the divorce proceedings. It relates to the length of the marriage, ages of the parties, their assets, incomes and earning capacities.

If my wife and I have agreed our settlement why won’t the judge just rubber stamp it?

A financial settlement comes under the Matrimonial Act 1973, therefore it is a judges duty to both you and the court, to ensure that all aspects are in accordance to section 25.  If the judge believes that you may have missed something and your order is unfair to one party or is unenforceable he will not rubber stamp your financial order.

What is the difference between Divorce Negotiation and a Mediator?

At Divorce negotiator, we assist in all aspects of reaching a financial settlement and prepare all the divorce papers for you.  A Mediator will ensure that each of you has disclosed all your financial information.   With a view of you both coming to an acceptable agreement.

Can I share my pension without a financial order?

No, All financial assets need to declared as part of the financial order.

Can you get a divorce without a financial settlement?

Yes, but it does leave you exposed for your ex to go back to court, and demand a share of any future financial windfall.  A Consent order will protect you from this happening.

Can I claim my husband’s pension?

Both parties pension funds will be included in the total assets. The total assets accumulated during the marriage and each parties earnings potential will determine how the total assets are divided. You are both entitled, depending on the split of the assets on whether you receive a share of the pension or if it is offset against another asset.

How do you get a divorce if you have no money?

If you are on benefits, you can claim exemption of the £550 court fee. You can also claim this if you are on a low income. If you have dependent children, the level income for exemption goes up by £245 per month. Use our court fee calculator to find out how much you are likely to pay.
You will still have to pay legal fees on top of the court fees, but our fixed price divorce package keeps this to a minimum.

FAQ’s was last modified: March 8th, 2021 by Carol Sullivan

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