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Once you have taken the emotional and often difficult decision to get divorced, you will need to consider the practicalities of how to go about it.
Historically, it used to be possible to apply for a divorce in the local County Court and to obtain a divorce in about 4 months. However, the decline in the number of County Courts able to hear the cases led to huge delays and was very frustrating for people who need to get on with their life.
Significant inroads have been made to simplify and speed things up by digitising the divorce process. It is now possible to use an online facility which greatly speeds up the process and also enables online checking of whether an Acknowledgement of Service has been filed by the other spouse and where we are in the procedure. The family lawyers at Bury and Walkers Solicitors believe that this online system is working well, and we are helping more and more individuals navigate the process.
It is possible to submit a Divorce Petition without involving a solicitor and some people feel comfortable in doing this. This is particularly appealing where parties regard their separation as ‘amicable’.
However, this ‘self-service’ style of divorce is less appropriate where there is suspicion and mistrust and the worry that the other party may not cooperate.
Fixed Fee Divorce
At Bury and Walkers Solicitors we offer a fixed fee service to handle the whole divorce procedure for you, which leaves you free to concentrate on other issues which may need resolving.
The fixed fee rate is £395 plus VAT.
Divorce by consent is currently not available for a couple who have been apart for less than 2 years but this is to be introduced in April 2022. Until then it remains the case that there are only two immediate grounds for divorce:
- adultery by the other party, or
- unreasonable behaviour.
Some people ask if they can cite “irreconcilable differences”. That is an American term which does not feature in English Law. The basis for every divorce is that the marriage is over and cannot be saved, but that still has to be proved by citing adultery, unreasonable behaviour or separation for 2 years or more.
Court Fee to Divorce
The standard Court fee for filing a Divorce Petition is £550, payable upfront, but complete or partial exemption from that fee can be claimed by people who are on a low income. This again is something we can help with.
Some people think that financial issues must be resolved before a divorce can be finalised. That is not the case, and in fact if a financial order is going to be needed from the Court it is usually necessary to have obtained a divorce decree first.
