Family Law: Divorce FAQs

Here are some common FAQs covering the divorce process.

How do I get divorced?

You will need to file a divorce petition at a Court, however before you can do so you need to decide on a ‘grounds for the divorce’ which is effectively the reason you are putting on the form. 

What are the grounds for a divorce?

Essentially there’s only one ground for divorce – irretrievable breakdown, however, this must be supported by one of the following facts:

• Your spouse has committed adultery.
• Your spouse has behaved in such a manner that you are no longer expected to live together.
• You have lived apart from one another for two years and your spouse consents to a divroce. 
• You have lived apart from your spouse for more than five years (by this time period consent from your spouse is not required.
• Your spouse has deserted you for two years.

There are times when people have put ‘irreconcilable differences’ on a petition, however, this is not a sufficient enough reason – any of the above is more appropriate and will require further details.

Is it adultery if we’re already separated?

If you engage in a sexual relationship with someone while you are still legally married, it is technically adultery until you have obtained your Decree Absolute and can therefore be used as grounds for divorce. Even if you and your former partner do not live together anymore and are no longer emotionally or physically in a relationship. Under current English law however, having a sexual relationship with someone of the same sex is not classed as adultery.

How long is the process?

An average divorce case, excluding the resolution of finances, will take between four and six months. With this in mind, sometimes it is better to finalise the financial statement prior to applying for the last stage of the divorce.

How does a divorce cost?

The cost of your divorce will vary on a case by case basis. To find out the costs of Chartlands Chambers family law services, please see the website or contact us and our clerks will be able to assist further.

We are  not married but cohabiting as a couple- what happens if we separate?

Sometimes in these situations, especially where children are involved, it is a good idea to put a ‘‘living together agreement’ in place in the event of a separation. If you do not, any of the following could apply.

• If you do not own or have a share in the property in which you lived together, you have no automatic right to stay there.If you live in a rented accommodation and the property is in your ex partner’s name you also have no right to stay and would need to leave the property.
• If the possession within the property including furniture, appliances and electricals were bought by or belong to your ex partner,you are not entitled to a share of them.
• Other than child maintenance you would not be entitled to any maintenance from your ex partner.

What happens if we separate and cannot agree on where our children live?

You should always try and focus on what is in the best interests of your children. Be this taking into account practicalities like the distance from their school and the parents work commitments or the child’s own preferences from a nurturing point of view. However  If this cannot be agreed, the court can decide for you, but will strongly advise you to attend mediation first.

What are my rights for access to my children?

Providing there is no risk of harm to the children, contact will be ordered by the court. Although contact rights are generally the right of the children rather than the parent. Negotiation through direct discussions with your ex partner or by attending mediation sessions is the best way to work out contact and visiting moving forward but if an agreement cannot be reached an application can be made to the court. In order to do this you will need to have attended a mediation information and assessment meeting first.

We understand that divorce, separation and arranging the custody of your children can be stressful, but our highly experienced and friendly team are here to help with any questions you may have.  Please do not hesitate to contact us and our clerks will be able to assist further.