Many of my clients have lots of question the first time we speak so I thought it might be helpful to answer some of them here:
How do I start the divorce process, and do I need a Lawyer?
You do not need a lawyer to commence the divorce process, which has now moved online. The divorce application has been simplified to make it more user friendly.
If you choose the “do it yourself” route you will need to create an account on the gov.uk website.
Once you have registered online, you will be able to start the divorce application.
You will need a clear, scanned copy of your original marriage certificate and the court fee of £593 to complete the application.
I got married earlier this year, I found out recently that my husband is having an affair; can I start divorce proceedings and name the person he is having an affair with?
First of all, you need to be married for a minimum of 1 year before you can start divorce proceedings in England & Wales.
Prior to April 2022, the divorce application had provision to rely on five contributing factors which lead to the breakdown of the marriage: behaviour, adultery, 2 years separation, 5 years separation and desertion. If you relied on adultery, you also had the option should you choose to, to name the third party.
As of April 2022, the divorce law has changed to the so-called “no fault” divorce. The factors above are no longer set out, nor can a third party be named within the current divorce process.
I got married abroad, can I start divorce proceedings in England?
If one or both of you are resident in England & Wales, then you can start divorce proceedings here. If your marriage certificate is not in English, you will need to have it formally translated and certified.
Scanned copies of the original certificate and the translation will need to be submitted with your divorce application.
My wife and I have agreed to get a divorce, but we cannot afford the Court fees, what options are available to us?
If you are both on low incomes, you can find out if you are eligible for the help with fees (HWF) scheme on www.gov.uk/gethelp-with-court-fees. You can either be fully exempt from paying the Court fee in its
entirety or you may have to pay the court fee at a reduced rate.
If you are eligible, on completion of the form EX160, you will receive a unique reference number. On making the divorce application, you will be given the opportunity to apply your HWF reference number against the court fee.
What happens if my wife does not respond to the divorce application in time?
The best thing to do is to instruct a process server to serve the divorce papers on her. Once she has been successfully served by the process server, you will receive a certificate of service which you have to lodge with the Court.
On receipt of the certificate of service, the Court will be satisfied that she has received notice of your divorce application and progress the application to the next stage.