FAQs about Divorce
North London Divorce FAQs
Why get legally separated as opposed to divorced?
Legally separation should be used where you have been married for less than 12 months or want to get separated and make it legal. In our experience, legal separation often leads to divorce, so if you intend to get divorced eventually and have been married 12 months, it makes little sense to file for legal separation.
What is a separation agreement?
A separation agreement can be used to settle matters such as finances, maintenance and child contact/residence for either an informal or legal separation.
I hear it is expensive to get divorced. Is this true?
The simple answer is no two divorces are alike. The more complicated and more protracted a divorce is, the more expensive it is likely to be. This is particularly so where court battles are involved. Relatively amicable disputes where court proceedings and disputes are kept to a minimum, are relatively inexpensive and can often be charged on a fixed fee basis.
How long will it take to get divorced?
Again, no two divorces are alike. A simple, uncontested divorce may take four to six months. A contested, complex divorce may take longer than a year.
I have put in an application for a divorce, but my former partner has not responded. What can I do?
If your former partner has not responded, then you might have to have the papers personally served on them.
What is a Decree Nisi and a Decree Absolute?
A Decree Nisi is issued to state that a divorce will be complete following six weeks and one day. A Decree Absolute makes a divorce legally final and complete.
My former spouse is not allowing me contact with my children. What can I do?
You can apply for a contact order through the courts. A contact order will allow you to maintain contact with your children, dictate the type of contact you are allowed and the terms and conditions on which contact is maintained. When coming to a decision, the courts may employ a family reporter to look at the situation more closely in order to come to a reasoned and objective decision. Above all, the courts will consider what course of action will be in the best interests of the children, and almost invariably (bar cases where a parent is unfit to take care of children, for example) it is in the best interests of the child to have contact with both parents.
Alternatively, if you believe your former spouse is not fit to take care of your children, you could apply for a residence order citing reasons as to why your former spouse is not fit to take care of children (drink or drug problems, for example).