Divorce Frequently Asked Questions

Book a free no-obligation 30 minute appointment with a family-law expert. Call us on 01502 532300.

How do I get divorced?

In order to present an application for divorce to the court, you have to rely on one of the following five grounds:

  1. your spouse’s adultery;

  2. your spouse’s “unreasonable behaviour”;

  3. a period of separation in excess of two years (your spouse’s consent is required for this ground) – this is often referred to as a “no-fault” divorce;   

  4. “desertion”, where your spouse has deserted you for more than two years; and

  5. a period of separation in excess of five years.

How long does a divorce take?

If issues relating to your home and your financial circumstances are agreed at an early stage, a divorce normally takes approximately six months.

What happens to my children if I get divorced?

The court encourages these issues to be resolved direct by you and your spouse and will not get involved if an agreement is reached between you. If an agreement cannot be reached or if there is a dispute, either of you can make an application to the court to make a final decision.

Do prenuptial agreements work?

Whilst the divorce court has the ultimate say, there has been a shift recently towards the court being more likely to uphold prenuptial agreements, subject to certain conditions being met.

Can I get free advice for my family issue?

Yes. We offer a free 30 minute appointment.

If you want any further information regarding any of the above, or would like to book a free no-obligation 30 minute appointment with a family-law expert, call us on 01502 532300.