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Can I get a no fault divorce?

28-11-2019


Unfortunately, although the Divorce, Dissolution and Separation Bill was introduced to the House of Commons earlier in the year to enable no fault divorce it has not yet become law.

This means that when you apply for a divorce, you need to prove that your marriage has broken down and cannot be saved. You need to support this by one of 5 facts:

If you are about to start a divorce process, you will need your marriage certificate and evidence of your identity to issue proceedings.

How much will a divorce cost?

The court fee payable to issue a petition is £550. We offer a free 30 minute initial consultation with our Maidenhead team and thereafter a fixed fee for straightforward undefended divorce proceedings relating to a marriage in England or Wales.

How long will a divorce take?

There is a pilot scheme allowing a selection of lawyers, to include Gardner Leader, to issue proceedings electronically online.  The aim to provide a faster more efficient service for parting spouses. The Court is currently digitalising the divorce process. It currently takes 6-9 months to complete a straightforward divorce but as technology improves the process will be faster.

Can I obtain the Decree Absolute before agreeing a financial settlement?

You can obtain the Decree Absolute without a financial settlement but in most instances it will not be advisable. If your divorce is completed prior to a financial settlement being formalised and your former spouse dies or marries you will no longer be their widow or next of kin’s for the purposes of inheritance or widows pension. Any appointment of you as an executor or beneficiary in the Will will be void.

It is imperative to obtain specialist legal advice from the outset to protect the future of you and your children.


Stephanie Buckeridge

Senior Associate
Family Law

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