Frequently Asked Questions

Please find below questions commonly asked regarding our online solicitor services. Although we provide brief answers, for more detailed information please click on the relevant link on our home page relating to the service you are interested in.

• I have ordered one of your online solicitor services – what happens next?
• How long does the divorce process take?
• How long do I have to be married before I can get a divorce?
• Which Court will deal with my divorce?
• What are the grounds for divorce?
• Does it matter who issues the Divorce Petition?
• Do I have to agree all financial matters with my spouse before I can get a divorce?
• What financial Order/Settlement will I get on divorce?
• Do I have to agree all the arrangements for the children before I can get a divorce?
• Where will the children live?
• What happens if I do not know where my spouse is living?
• What happens if my spouse refuses to confirm receipt of my Divorce Petition after it has been posted to him/her?
• Does it matter if I was married abroad, or if my Marriage Certificate is in a foreign language?
• Does it matter if one or both of us are foreign nationals?
• Does it matter if I and/or my spouse live abroad?
• Can I rely on my own adultery or unreasonable behaviour to get a divorce?
• Can I rely on my spouse’s adultery after our separation to get a divorce?
• Can I get a divorce on the grounds of adultery or unreasonable behaviour even while I am still living with my spouse?
• Can I change my child’s surname?

I have ordered one of your online solicitor services – what happens next?
We will immediately send you a confirmation email. One of our advisors will then review your questionnaire and contact you shortly.
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How long does the divorce process take?
A simple undefended divorce should be completed within about 16 to 20 weeks, and possibly less, assuming that there are no unusual complications.
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How long do I have to be married before I can get a divorce?
You cannot get a divorce under any circumstances until you have been married for one year. You could, however, apply for a Decree of Judicial Separation on effectively the same grounds, or possibly a decree of nullity. We do not provide these services, but for more advice on possible options, please contact josiah-lake gardiner LLP.
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Which Court will deal with my divorce?
A Divorce Petition can be issued in any divorce County Court in England and Wales, and does not have to be issued in the area where you or your spouse live. We will issue your Divorce Petition in London, unless you instruct us to issue it in a different Court. The choice is entirely yours.
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What are the grounds for divorce?
There is one ground for divorce, namely that the marriage has irretrievably broken down. This can be proved in one of five different ways - five years separation, two years desertion, two years separation with consent, adultery, or unreasonable behaviour.
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Does it matter who issues the Divorce Petition?
The person who applies for a divorce by issuing a Petition is known as the Petitioner, and the other party is known as the Respondent. It is the Petitioner who chooses the grounds for the divorce. A Petition based on adultery or unreasonable behaviour may contain unpleasant allegations, which can obviously cause problems. The Petitioner may also seek an Order that the other spouse should pay his/her legal costs, which again can cause difficulties. There may also be complications if an unreasonable behaviour Petition includes allegations regarding any children of the family, or financial issues. All of these problems can be avoided if a sensible dialogue is established at an early stage, so that all matters are agreed before the Petition is sent to the court.
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Do I have to agree all financial matters with my spouse before I can get a divorce?
No, you do not. It is possible to obtain a decree absolute of divorce without sorting out any of the financial issues relating to the breakdown of the marriage. However, it is almost always preferable to seek expert legal advice in relation to such matters before doing so, for example from josiah-lake gardiner LLP.
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What financial Order/Settlement will I get on divorce?
It is impossible to provide a simple answer to this question, because there is no set formula which applies. Each case is decided on its own facts, although obviously there are statutory guidelines and relevant case law. You should always obtain expert legal advice in relation to financial issues on divorce, for example from josiah-lake gardiner LLP.
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Do I have to agree all the arrangements for the children before I can get a divorce?
No, you do not. To get a divorce, you need to show the court that it does not need to make any order in relation to the children, because of the arrangements which you and your spouse have already put into place. If there is any dispute relating to the children, for example where they should live or how often the non-resident parent should see them, then you may need to make a separate application within the Divorce Proceedings. This could delay the grant of the final Decree Absolute of Divorce in some circumstances.
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Where will the children live?
Married parents both have parental responsibility regarding any children of the family. Therefore, they both have equal rights, regardless of where the children live, and with whom. If living arrangements cannot be agreed between you and your spouse then one of you may need to make an application to the Court within the divorce proceedings for a Residence Order, to enable the Court to decide this issue. The Court might then also make a Contact Order, stating how often the non-resident parent should see the children.
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What happens if I do not know where my spouse is living?
The basic rule is that a Divorce Petition must be served upon the other spouse so that he/she is made aware of the proceedings, and can decide whether or not to defend the Petition. If you genuinely do not know where your spouse is living, then the Court might dispense with the need for you to serve your Divorce Petition to enable you to get a divorce. However, before granting such an Order, you would have to satisfy the Court that you had made all reasonable attempts to locate your spouse. The test is quite strict, and you would not be able to order our service. We advise you to seek advice from experienced family lawyers such as Josiah-lake gardiner LLP.
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What happens if my spouse refuses to confirm receipt of my Divorce Petition after it has been posted to him/her?
You can apply to have your Divorce Petition served personally upon your spouse by the Court Bailiff. This would then constitute proof of service, and your spouse would no longer be able to ignore the proceedings.
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Does it matter if I was married abroad, or if my Marriage Certificate is in a foreign language?
No, it does not, provided your spouse accepts that the marriage ceremony was valid in the country in which it took place. However, if your Marriage Certificate is in a foreign language, you will need to obtain a formal translation, accompanied by an authenticating affidavit or a notarial certificate. The original Marriage Certificate and translation must be lodged at court when your Petition is issued, and will not be returned to you.
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Does it matter if one or both of us are foreign nationals?
No, it does not, provided that you satisfy the criteria which give jurisdiction to the Courts of England and Wales. These tests are based on habitual residence and/or domicile.
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Does it matter if I and/or my spouse live abroad?
No, it does not, provided that you satisfy the criteria which give jurisdiction to the Courts of England and Wales. These tests are based on habitual residence and/or domicile.
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Can I rely on my own adultery or unreasonable behaviour to get a divorce?
No, you cannot. Only your spouse could issue a Divorce Petition on this basis.
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Can I rely on my spouse’s adultery after our separation to get a divorce?
Yes, you can. Sexual intercourse with a third party will continue to constitute adultery while you remain married, even after you have separated.
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Can I get a divorce on the grounds of adultery or unreasonable behaviour even while I am still living with my spouse?
Yes, you can, although you would not be able to rely on any adultery or unreasonable behaviour which took place more than six months before the date of your Petition.
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Can I change my child’s surname?
You should not change the surname of any child of the family without either the written consent of your spouse or a Court Order.
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