Specialist Divorce Solicitors in Solihull

Divorce FAQS

Here are some frequently asked questions our clients tend to have about the initial divorce procedure and how to start the process of petitioning for your divorce. For any further queries or additional information surrounding these, do not hesitate to contact us and one of our friendly experts will advise you further.

How do I start the procedure to get divorced?

Before you can file a divorce petition at court (a process that our expert solicitors will assist you through) you first of all need to decide on the ‘grounds for the divorce.’
What this means is basically the reason you are putting on the form as to why your marriage has broken down and therefore why you wish to file for a divorce.

What reasons can I give as grounds for a divorce?

‘Irretrievable breakdown’ is effectively the only grounds for divorce but can be supported by one of the following facts that are deemed to be acceptable reasons.

Adultery – Your spouse has committed adultery and/or engaged in a relationship with someone else.

Irreconcilable behaviour– Your spouse has behaved in such a manner that you can no longer expect to be able to live together.
Two-year separation with consent- You and your spouse have lived apart from one another for two years and your spouse consents to a divorce.

Five-year separation– You have lived apart from your spouse for more than five years. If you have lived apart from each other for this length of time, consent from your spouse to agree to divorce is not required.

Desertion– Your spouse has deserted you and you have been apart for two years.
Previously stating ‘irreconcilable differences’ as their grounds for divorce on a petition was not a sufficient enough reason by itself. Any of the options given above were deemed more appropriate as just putting irreconcilable differences would require you to add further details and evidence to support your case.

However, since April 2022 key changes have been made to make this process simpler.
The irretrievable breakdown of a marriage or irreconcilable differences can be given as the sole ground for divorce rather than having to prove one of the five facts. A simple statement of irretrievable breakdown will be sufficient evidence.

Can it be classed as adultery if we’re already separated?

Yes- Until you have obtained your Final Order, (formally known as Decree Absolute) engaging in a sexual relationship with somebody else while you are still legally married is classed as adultery. Even if you and your spouse have separated ( you do not live together anymore and are no longer emotionally or physically in a relationship) because of this technicality, it can be used as grounds for divorce.

However, you may be surprised to know that under current English law, having a sexual relationship with someone of the same sex (in a heterosexual marriage) is not classed as adultery and therefore cannot be used as a reason. This could however be classed as unreasonable behaviour should this be evidence that you wish to include when petitioning for your divorce.

How long does it take to get divorced?

Previously an average, straightforward divorce case could take between four and six months. However, this did not take into account any issues that needed to be dealt with separately from your divorce – such as money, property, or any children that you have together.

Among the new changes that were put into place in April 2022, a sixth-month “cooling off period” is to be established starting from the initial petition to the final divorce. This will give couples time to ensure that they are making the right decision, and plenty of time to make sure financial issues can be resolved before the divorce is finalised.

What other key changes came into place in April 2022

As well as this cooling-off period and the change to ‘Irretrievable breakdown’ being able to be put forward as sole grounds for divorce, other key changes have come into place.
Joint applications for divorce will be introduced although one party will still be able to start divorce proceedings on their own.
Contesting the divorce will no longer be an option but there will still be some legal grounds for challenging the divorce if needed.
Some terminology has also changed,

Previous Terminology                   New Terminology
Decree of Divorce/Dissolution            Divorce/Dissolution Order
Divorce Petition                                      Application
Decree Nisi                                              Conditional Order
Decree Absolute                                     Final Order
Defended Divorce/Dissolution           Disputed Divorce/Dissolution
Statement of Reconciliation                No change, but still required if the applicant is legally represented.

How much does it cost to get divorced?

Each case is different and the cost of your divorce will reflect this depending on the time needed to complete your case. For more information on fees and time frames call us now on 01564 779 459 to speak to one of our experienced divorce lawyers or contact us online here.

Here at Fentimans, we pride ourselves in offering expert care and advice for every aspect of your divorce and will assist you every step of the way. To discuss your individual case do not hesitate to get in touch and we will be happy to answer any questions you may have in regard to how we can provide legal assistance to you throughout the process.