Frequently Asked Questions –
Family Law & Divorce

Do you have questions about Family Law?

Explore some of the most frequently asked questions we encounter below.

Family Law FAQs

What are the grounds for divorce?

The only ground for divorce is that a marriage has irretrievably broken down. This has been the case since April 2022, following the introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020.

Before this change, outdated divorce laws required one partner to accept responsibility for the relationship’s breakdown based on one of the following criteria:

  • Unreasonable behaviour.
  • Separation for at least two years with consent from both parties.
  • Adultery.
  • Separation for at least five years without consent from both parties.
  • Desertion by one party.

How do I get a divorce?

You can get divorced in England and Wales if all the following are true:

  • You have been married for over a year.
  • Your relationship has permanently broken down.
  • Your marriage is legally recognised in the UK.

To get a divorce, you must:

  1. File a divorce application.
  2. Wait for the court to issue your divorce.
  3. Apply for a conditional order.
  4. Apply for a final order.

Do I need a solicitor for a divorce?

A solicitor can help navigate divorce proceedings in various ways. From ensuring you get a fair divorce settlement, helping with communication between you and your ex, and assisting with the relevant paperwork, seeking the advice of an experienced divorce lawyer can prove invaluable.

Even if you believe that your divorce will be straightforward, it is sensible to consider the advice of a trusted family solicitor. For advice and assistance on all aspects of divorce, including financial arrangements, separation agreements and child law, please contact Bowsers Solicitors today.

To get in touch, please call 01945 583194 (Wisbech), 01354 652606 (March), email reception@bowsers.co.uk or fill in this contact form.

Can I still get a divorce if my spouse doesn’t want to?

Yes. You can still apply for a divorce because of the irretrievable breakdown of your marriage, even if your spouse doesn’t agree.

Following the introduction of no-fault divorce, you no longer need to provide a reason, explanation, or apportion blame when you apply for a divorce.

If your spouse does not agree to a divorce, you can make a sole application. Respondents are no longer able to contest a divorce under the new legislation.

How long does it take to get divorced?

Exactly how long the divorce process takes depends on several factors, including whether you make a joint application or apply on your own and how quickly and easily you and your partner can reach an agreement about any children and financial arrangements.

Even if your circumstances are straightforward, a divorce will take at least six months to complete.

How much does it cost to get a divorce?

Currently (June 2024), there is a £593 court charge for applying for a divorce. Solicitors’ fees will be additional and depend on the exact nature of the matter and the amount of time spent on your case.

For more information about how we can help with your divorce, call us today on 01945 583194 (Wisbech) or 01354 652606 (March).

Book an Appointment

Wisbech Office

15 South Brink
Wisbech
Cambridgeshire
PE13 1JL

March Office

10 Market Place
March
Cambridgeshire
PE15 9JQ