West London Solicitors

What is required for divorce?

For a legally married couple to get divorced, they must have been married for twelve months or longer.  In addition, one of the following grounds must be shown such that the marriage has ‘irrevocably’ broken down:

• The spouse committed adultery
• The spouse has committed unreasonable behaviour
• The couple have been living separately for two years and both parties agree to a divorce
• The couple have been living separately for five years or longer
• The spouse has deserted their partner for two years or longer

My spouse and I are still living under the same roof.  Can I apply for a divorce?

You can provided you are not living as a married couple – that means you need to be living in separate bedrooms and cannot share domestic tasks.

What is a decree nisi?

A decree nisi is a decree of the court which states that a divorce will be legally complete after 6 months and one day.

What is a decree absolute?

A decree absolute is a decree of the court stating that the divorce is legally complete and the couple is no longer married.

What is judicial separation?

Judicial separation is used where a couple wants to remain legally married but living apart or where a married couple has not been married for longer than twelve months, which is required for divorce.  However, one of the above grounds required for divorce must be shown in order to be legally separated.

The respondent is refusing to acknowledge receipt of the service form.  What can I do?

If the respondent does not acknowledge receipt of the service form, a process server or a court bailiff can be appointed to personally serve the divorce documents.

The petitioner has not applied for the decree absolute after the decree nisi was issued.  Can the respondent apply for a decree absolute?

Yes, the respondent can apply for a decree absolute provided that four and a half months have passed since the decree nisi was issued.

I cannot find the original marriage certificate.  What can I do?

You can contact the Registry Office, who will provide you with the original marriage certificate for a fee.

My marriage certificate is not in English.  Do I need to get it translated?

Yes, the certificate needs to be translated by a qualified translator who needs to prepare a sworn statement to confirm that the translation is truthful and accurate.  The translation will then be lodged with the original certificated at the court.

My spouse lives abroad.  Can I get divorced?

Yes you can, provided at least one of you is habitually resident in the UK.

How are child residence & contact issues dealt with following separation or divorce?

In the majority of circumstances, the couple will come to a private arrangement.  However, where there is a dispute, the court will intervene and appoint a CAFCASS officer (Child and Family Court Advisory and Support Service) who will compile a report regarding the welfare and living arrangements of the child.  Based on what the report says, the law and other relevant circumstances, the court will issue either a residence or contact order.

Click here to return to the main West London divorce page or here for the divorce blog.