Frequently Asked Questions - divorce

  1. What are my grounds for divorce?
  2. How much does divorce cost?
  3. How long will it take to get my divorce?
  4. What can I do if my partner won't let me see my children, even with a court order?
  5. What should I do if my partner won't pay my maintenance?
  6. What should I do if my partner attacks me?
  7. Am I entitled to a share of my partner's business?
  8. Will I be able to keep the house?
  9. Will I have a share of my spouse's pension fund?

What are my grounds for divorce?

There is only one ground for divorce, and that is that the marriage has irretrievably broken down for one of the following reasons:

How much does divorce cost?

For the person bringing the divorce (the petitioner), divorce will be more expensive than for the respondent, as the respondent does not need legal advice to complete his/her form.

The fee for the legal dissolution of the marriage is in the region of £1,200, including court fees and VAT. There are additional costs for time spent negotiating a financial settlement, arrangements with children, and preparations for court orders, should they be necessary. We will give you a clear indication of likely costs at the outset.

How long will it take to get my divorce?

If the divorce is not contested (ie both spouses agree to divorce) then it may take approximately four to six months. It could take longer if the financial arrangements are complicated or difficult to resolve. Each case will vary. We can give you an indication of time scales when we know the details of your situation.

What can I do if my partner won't let me see my children, even with a court order?

We can ask the court to enforce the order. Ultimately, a partner who refuses to obey a court order could be sent to prison.

What should I do if my partner won't pay my maintenance?

We can ask the court to enforce the maintenance payment. If you are receiving money through the Child Support Agency, they are able to enforce payment directly.

What should I do if my partner attacks me?

Initially, contact the police and call an ambulance, or visit your GP for treatment. If you need an injunction to prevent your partner contacting you again, in some circumstances we can apply for an emergency restraining order the same day without your partner being notified. In serious cases the court can grant a power of arrest which enables the police to arrest and remove your artner if they breach the order. We can also arrange for a violent partner to be moved out of your house.

Am I entitled to a share of my partner's business?

This is a complex area in which you need proper advice. It will depend on the nature of the business, and how easily it can be sold. Courts are generally reluctant to order the sale of a business. Agreeing on a valuation of the business can also be an expensive, difficult area. However a settlement figure may be paid in compensation, particularly if you have played an active role in building up the business.

Will I be able to keep the house?

In many cases the spouse who is caring for the children retains the house. Sometimes the house can be sold and both partners can buy a new home from the proceeds.

Will I have a share of my spouse's pension fund?

The court has to take into account any pension which either you or your spouse have.

When a couple are near retirement, with a large pension fund, a wife may be offered a compensatory amount to cover for her loss of the share of the pension. From December 2000, divorcing couples can also divide their pension through a pension sharing order. Wives can transfer an investment value from their husband's pension into a scheme of their own.

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