What is a Divorce?

Divorce is the legal procedure, which brings a legal marriage to an end. If there is no legally
binding marriage in the first place then there can be no divorce. This situation might apply if for
example, there was some irregularity in the marriage itself.

What about common- law marriages?

There's no such thing! Couples who live together do NOT acquire the status of husband and wife
unless they have been through a proper marriage ceremony. However unmarried couples who
live together might need some legal advice. For more information on this whole issue see
Unmarried Couples

Which court deals with a Divorce

The County Court. This is a court which only deals with civil cases i.e. (not criminal ones). Most
large towns have a County Court - however there are a few County Courts, which are not
employed to deal with divorce.

So must my divorce be dealt with at my local County Court?

Not necessarily. If there is any particular reason why you would prefer to use a County Court somewhere else then you can do. For example some years ago our firm acted for someone whose marriage had broken down who was well known to all the staff at both Grimsby and Scunthorpe County Courts - so we used the Lincoln County Court to deal with the divorce

What is a Divorce Petition?

It is a formal application to the court for a decree of divorce. It has to contain certain information.

Who are the Petitioner, the Respondent and the Co- Respondent?

The person who sends the Divorce Petition to the court is called the Petitioner. Because their
spouse has to respond to it, they are called the respondent. Sometimes, in cases involving
adultery, the Divorce Petition names the person with whom it is claimed the respondent has committed adultery - they are called the co-respondent.

What are the grounds to get a Divorce?

There are at present five grounds for a Divorce. They are:-

Is this likely to change?

In the foreseeable future it seems unlikely. The last Government passed an Act through parliament called The Family Law Act 1996 which completely changed the law about divorce however it has never been enacted and seems now unlikely that it ever will be in its current form.

Can I issue a Divorce Petition at any time?

No, you must have been married for at least twelve months before you can issue a Divorce Petition.

What if I want to rely on ground (c), (d) or (e), but my spouse and I have been reconciled for a time during the period of separation?

The Divorce Law does cover this situation but the rules are quite complicated - you could be well advised to consult a Solicitor for advice.

Will I have to go to court to give evidence in front of the judge?

Very probably not. See Divorce Procedure

Will I get custody of my children?

Before the Children Act 1989 came into force wherever there was a Divorce the court usually granted an order for custody to one parent and an order for access to the other parent. However, the philosophy of the Children Act is that it is usually in the children's best interests if their parents can agree what arrangements are to be made for the children - and in the majority of cases, the parents are indeed able to reach an agreement. These days therefore the court will only interfere and make an order relative to the children if it is necessary to do so in the children's interests.

Does the court need to know what arrangements have been made for the children?

Yes - so that the District Judge will be able to decide whether any particular case is one of the exceptions to the general rule and
it is necessary to do so in the children's interests.

What sort of arrangements will the court think is satisfactory?

Of course, every family is different, and so the arrangements, which each family makes, are different. Common sense will usually tell you what is satisfactory. For example, take a look at the case studies.

Although the arrangements that Mr and Mrs A, Mr and Mrs C and Mr and Mrs D have made
are quite different, they're all very sensible and work well for that particular family.

What about settlement of my family's finances?

Here again, the Court encourages families to reach settlement of the financial issues between
them, but if the position can't be settled by agreement then there is a mechanism for the Court to
decide upon financial issues. See Divorce Finances.

My spouse and I have reached agreement about a financial settlement -
do we have to tell the court?

You would be well advised to seek the Courts' approval by the making of a Consent order, which
will set out all the details of the settlement and make sure there is no argument about it in the
future

Will the Court want to know details of my financial position before it makes a Consent Order?

Yes, in the same way the Court will want to know what arrangements have been made for the children to check that the arrangements
are reasonable, the Court will want to know details of the financial position of both the spouses before making a Consent Order.

Can a Divorce Petition be defended?

Yes, by sending to the Court a document called an Answer. However, you would be well advised to consult a Solicitor before deciding
whether or not to defend a Divorce Petition.

What are Trial Centre's ?

In order to make it easier to organise complicated cases ( i.e. ones which will last half a day or more in front of the Judge ) they are
actually held at courts which have better facilities for trials. For example, if a complicated case in the Scunthorpe County Court needs a
lengthy hearing before the Judge, that hearing will probably be heard at a Trial Centre in London.

What will Divorce cost me?

This will depend on two main factors - firstly whether or not you qualify for Legal Help or Public Funding from the Legal Services
Commission ( this used to be called Legal Aid ) and secondly on how complicated your case is. If you qualify for Legal Help you will not
have to pay any Court fees and your Solicitors will be able to do all the work necessary to get you a Decree of Divorce at no cost to you.

How much are the Court Fees?

For an up to date list of court fees please click on the link to HMCS.

There are various other Court Fees applicable as well, which apply in more complicated cases.
If any of there other Court Fees apply to you then, believe us, you DO need to consult a Solicitor.

Will I have to pay all the Court Fees?

That depends on the amount of your income and savings and the number of dependants that
you have. It would be sensible to consult a Solicitor to find out if you are entitled to Legal Help. If
you are, then you will save yourself a lot of money because you won't have to pay the Court Fees.

Do I have to instruct a Solicitor to get a Divorce?

No. You don't have to - though you'd probably be well advised to do so. As you know, every family is different and so your Divorce will be
different from every one else's. A Solicitor will be able to identify any particular potential problem which might apply to YOUR Divorce.
Even where you and your spouse have been able to reach agreement about all the consequences of your separation (what is to happen
to the children, your financial settlement etc) a Solicitor may still be able to suggest some 'fine-tuning' to your agreement which will
benefit both you and the rest of your family.

What if my Divorce is very simple and straightforward?

Alas - there can still be pitfalls! Mr F. knew his wife had committed adultery with Mr G. She had even written him a letter confessing this,
and suggested he divorce her because of this. Mr F went to the County Court for a Divorce Petition Form. The staff there were helpful, but
weren't allowed to advise him. So Mr F issued a Divorce Petition duly naming Mr G as co-respondent.

But Mr G then denied that adultery had taken place. Only at this point did Mr F come to us for advice - the extra work we then had to do for
him would have been avoided if he'd consulted us in the first place. What's more it was Mr F who had to pay us for the additional work,
because he hadn't asked in the Petition for an order that Mr G should pay any of the legal costs.

Which firm of Solicitors should I instruct?

Why, Mason, Baggott & Garton - who else ? Hopefully you don't need a Divorce at the moment. We very much hope you never will.