Divorce - The Key Facts

There are 5 grounds you can choose from. You can only choose one.

1. Have you been married for at least 365 days?

If your wedding was less than one year ago then you’re not in a position, as of yet to apply for your divorce. In England and Wales, this is a legal requirement to applying for a divorce so do ensure, before you take any steps you have been married for at least 365 days. This does not mean you have to be living a married life! Just since the date those wedding vows were exchanged.

2. Are you and your partner on the same page when it comes to this Divorce?

It may sound obvious but if you and your spouse are both agreeable to this divorce and how you wish to divide what you have, then this entire process will run a whole lot more smoothly, and cost you both very little. What a lot of separating couples do not tend to understand is, that their divorce and everything else that comes with a separation such as the kids and the finances are completely separate from each other in the eyes of the law. Therefore even if you are having disagreements in relation to the children and money side of things, this does not necessarily have to mean your divorce should be halted. If you can agree the basis of your divorce and move forward then at least that’s one less thing to worry about!

In the event that you and your spouse have differing views on the divorce, try to sit down and iron out those issues, it will be way more cost and time effective for you both than drawing out contentious letters between solicitors to only come to the same common goal... A divorce!

3. Do you have your marriage certificate?

You will need your original or a certified copy of your original marriage certificate if you are planning to file for divorce. Not only is there specific information relating to the location of your marriage upon your certificate but, obviously, this goes to prove there is a marriage!

If you cannot locate your marriage certificate, do not fear, you can obtain a copy through the General Register Office website https://www.gro.gov.uk. If you were married abroad and there is no evidence of your marriage or obtaining a copy of the certificate then you will need to prepare a sworn statement confirming the details of your wedding day, your spouse may need to do the same and the Court may even ask for statements from witnesses present at the wedding — if this becomes necessary it would be advisable to seek assistance from a Solicitor.

4. Are you and/or your spouse domiciled in England and Wales?

The jurisdiction to grant a divorce in England or Wales depends upon whether at least one of the spouses has sufficient connection with the country.

The courts in England and Wales have the jurisdiction to grant a divorce in England if either spouse;

  • Is domiciled in England or Wales when the proceedings are begun. This is what enables many people who live outside the country to obtain a divorce in England despite the fact that they do not physically live here at the moment. You must of course have sufficient connection with England to establish the necessary domicile but it is important to understand that you do not have to physically be in England in order to use it as a divorce forum. However what needs to be understood is that just because you were married in England is not in itself sufficient to obtain a divorce here. For example if two foreign nationals marry in England following being students over here and then return to live in their country they cannot then apply for their Divorce here. This is because neither of them is either domiciled or habitually resident in England. They could obtain a divorce before they left if the marriage has lasted more than one year and one of them meets the habitual residence requirement but after they leave they lose the right to seek a divorce in England unless they return here to live.

The above can sound a little complicated so if you have any concerns or issues in relation to your residence in the UK then do seek further advice.

5. Can you afford it?

Application for a divorce, nullity or civil partnership dissolution. £550
Filing an application for judicial separation £365
Filing an application for a second or subsequent matrimonial or civil partnership order with permission granted under Family Procedure Rules 2010 rule 7.7 (1)(b). £95
Filing an answer to an application for a matrimonial or civil partnership order. £245
Filing an amended application for a matrimonial or civil partnership order. £95
Filing an application to start proceedings where no other fee is specified. £245
Application by consent for a financial order. £50
Application for a financial order, other than by consent. £255

Below is the current court costs relating to divorcing and separating partners so that you can start to plan in advance:

Application by consent for a financial order. £50