How do I get a divorce? Your Frequently Asked Questions: Answered

Deciding to get a divorce is difficult, and the sea of jargon and complicated legal processes can create additional stress for you and your partner. We’ve put together answers to our most frequently asked questions, so you’re better prepared to start your divorce petition.


How do I get started?

Firstly, in order to get a divorce in the UK, you need to have been married for at least 12 months and provide grounds for divorce. There are currently five reasons you can give in a divorce petition; adultery, unreasonable behaviour, two years’ separation, five years’ separation and desertion. Read our breakdown here.


Do we both need to agree on a divorce?

You have to prove unreasonable behaviour, adultery or desertion to begin divorce proceedings without your partner’s agreement. The only other way to obtain a divorce without the other spouse’s consent is by living apart for five years.

A partner can contest a divorce if they don’t agree on the grounds the divorce is being applied for. If your partner has decided to contest the divorce, or you’d like to contest a divorce petition, we can give you practical, legal advice – email our Head of Family Law, Laura, today:


How much does a divorce cost?

Fees for a divorce can vary depending on your individual situation. Costs for the legal dissolution of your marriage do not include child arrangements or financial issues, for example.

We will always try and be upfront with our costs and will provide you with an obligation-free estimate when you get in touch:


What will happen to our home?

Being married allows you right of occupation, meaning your partner can’t keep you out of your home by changing the locks or by other means. If your partner is trying to force you out of the house, you should seek legal action as soon as possible.

When it comes to ownership or selling the home, you will have to take into consideration any pre-nuptial or co-habitation agreements, and whether your home is registered in both names. You may be ale to stay in the marital home for longer if you have children.


What now?

If you have any more questions you need answering, or you need straight-forward, legal advice, get in touch with RJS Solicitors today: 01782 646 320 –