Divorce and Dissolution
What is an uncontested Just Divorce?
Where both spouses are in agreement that the marriage has broken down irretrievably, and that they would both like to proceed to obtain a divorce. Both spouses are agreed on all issues that may arise from the divorce including child issues and splitting any assets and liabilities. A divorce based on a full agreement is usually known as an uncontested divorce.
Can I obtain a divorce in the U.K. if I married abroad?
Yes you can, providing that either you or your spouse is settled or domiciled in the U.K. if you are unsure please do not hesitate to contact us.
If my spouse is abroad can I still obtain a divorce?
Yes you can, as long as one of you is in the U.K. you can apply for divorce. You will require an address to forward any notice of petition to – if you are unable to attain their address then providing you can prove that real attempts have been made to give notice, you can still apply. This however may take considerably longer than a divorce where both parties have fixed addresses.
Which court must I use?
You can use the courts closest to you, however you can petition in any of the U.K. civil courts.
What is the general procedure for obtaining a divorce?
The procedure can be broken down very generally into 3 distinct phases: i) You petition for divorce, this petition is forwarded by the court to the respondent and their response is awaited. Providing notice is given validly and this is acknowledged you can proceed to stage 2; ii) You will then need to apply for a decree nisi, which in effect will be granted once the judge considers that the application can proceed and that issues relating to children and finances are not in dispute, iii) after a period of 6 weeks and one day you will then be able to apply for a Decree Absolute which will finalise the divorce – please note this is a general description of the general stages; if you are using our service you will receive our informative letter and guidance which will cover the procedure more comprehensively as well as including procedural diagrams.
How long does the process generally take?
If divorce proceeds as normal without any hiccups, it will usually take between 12 – 14 weeks. This is due to the time restraints imposed on the court to allow acknowledgement and service. If a divorce company promises to do this quicker then stay well away! These are legal limits and cannot be overcome, they apply in every case.
What are the costs involved in obtaining a divorce?
A petition fee of £340.00 is payable upon petition; an application for Decree Absolute to finalise the divorce is currently £45.00. If you would like to obtain a consent order there is also a court fee of £45.00. If you would like to make a change to the application a further fee of £90.00 will also apply. Should your spouse not respond to the petition and a court bailiff is used to deliver the petition a fee of £100.00 will be payable. Please note court fees do change, this is not an exhaustive list of fees, your caseworker will inform you should further fees become payable. Our fees may also change, there will also be a further charge for any alterations that may be required or further applications.
What happens if I cannot afford to pay the court costs because I am on a low income?
If you are on a low income and cannot afford the court fee you may be entitled to some or all of the exemption. Your Cube Legal caseworker will assist you with this.
I cannot find my original marriage certificate?
If you are not able to find you original marriage certificate we will assist you in obtaining a copy.
My marriage certificate is in a different language?
If your marriage certificate is in a different language, you will need a translated copy into English. This will need to be a notarised copy.
What happens if I do not have my spouses address?
If you do not have your spouse's address you can use their last known address, however if service is not acknowledged you will need to use the court bailiff to deliver the petition personally. The court charges a fee for this is currently £100.00.
What happens if I do not hear back from my spouse at all?
If there is no service at all and a court bailiff has been instructed, he will swear an oath in court that he has made personal service to the address. You will then be able to proceed with divorce in the usual manner.
If we live together in the same house, but are separated does that still count?
Yes, this is a matter of ‘fact’ as oppose to a matter of ‘law’; providing you have two separate lives and both agree that you are separate – i.e. financially and socially, but are living in the same house albeit in different rooms this will be perfectly acceptable.
Do I have to agree all financial matters before getting divorced?
It is best that all these are settled prior to initiating divorce, as this will make the process faster and easier. However there is no legal onus on you to agree these issues before petitioning for a divorce; it should be noted that if you wish to resolve these matters after the divorce is finalised then there may be restraints as to what you can claim or if the claiming party has re-married this may lead to a claim being void or substantially less then otherwise. We can assist with ‘Clean Break Orders’ which can be drawn to include terms of settlement as agreed between both parties. It also provides the certainty of a legally enforceable agreement.
What happens if I do not want to proceed with a divorce after the decree nisi?
You can still choose not to proceed with the decree absolute; however the respondent could still apply for the Decree Absolute after a period of 3 months.