• Overview
• FAQS
• • What are the grounds for Divorce?
  • How hard is it to prove that the marriage has broken down?
  • How long will it take?
  • What if the other party won’t cooperate?
  • Do I have to use a solicitor?
  • Do we have to go to Court?
  • What if we’re not ready for divorce but we want to sort the finances out?
  • Is my Will affected by Divorce?
  • How much will it cost?
• Contact FLC

Divorce: FAQs

What are the grounds for Divorce?

There is only one ground for divorce, which is that the marriage has irretrievably broken down. To show that the marriage has broken down, the person initiating the divorce must prove one of five facts, which are: Adultery, Unreasonable behaviour, Two years’ Separation with consent, Five years’ Separation or Desertion.

How hard is it to prove that the marriage has broken down?

Proving that the marriage has broken down does not tend to be difficult. The most common ground upon which people rely is ‘unreasonable behaviour’. The test for this is not particularly onerous and, save for exceptional circumstances, making out this ground should not be a problem.

How long will it take?

A straightforward, undefended divorce, where both parties are prepared to cooperate, will generally take somewhere in the region of 3 to 4 months to conclude. However, if there are financial issues to be addressed, the process may take longer, on average perhaps between 3 and 6 months.

What if the other party won’t cooperate?

If the other party won’t cooperate this can cause delay and increase the costs involved. In most cases however, this won’t prevent the divorce.

Do I have to use a solicitor?

It is not a legal requirement to use a solicitor but we would certainly advise that you do so. Family Law Consultancy’s solicitors are specialists in all areas of Family Law and can provide expert, professional advice and representation. We are members of The Law Society and regulated by the Solicitors’ Regulation Authority (SRA). We are required by the Solicitors’ Code of Conduct to act with integrity and independence and in your best interests at all times. For your peace of mind, we have comprehensive professional indemnity insurance cover in place. Whilst cost is always an issue, obtaining specialist advice at the outset may well save you money in the long run.

Do we have to go to Court?

Generally, parties to a divorce will not need to attend Court. However, in the absence of agreement, the parties may need to attend Court when resolving any financial issues arising from the breakdown of the marriage.

What if we’re not ready for divorce but we want to sort the finances out?

Sometimes, when a marriage breaks down, neither party feels ready to commence the divorce process straight away but both parties wish to address the financial issues. A formal ‘Deed of Separation’ can be drawn up to record the terms of settlement in these circumstances. The advantage of this is that the settlement can be formally recorded without getting divorced. However, whilst these types of agreements are often adhered to within later divorce proceedings, the Court does retain the discretion to vary the agreement. For more information see our Agreements & Deeds section.

Is my Will affected by Divorce?

You should be aware that until your Decree Absolute is received in your divorce, the law will still treat you as married if either you or the other party dies. This means that if you have a Will, the other party would still be entitled to their full entitlement under the Will and if you die without a Will, then the other party would be entitled to share in your estate. It is therefore important that anyone going through a divorce considers making or updating their Will.

How much will it cost?

The cost will vary depending upon the particular case and whether the other party cooperates. In most cases, we are able to offer a competitive fixed fee for straightforward, undefended divorces. It should be noted that our fixed fee for divorce proceedings covers the cost of the divorce process only and does not cover any financial or children issues.