Greenwich Solicitors

Greenwich Divorce FAQs

How long does it take to get a divorce ?

This entirely depends on the nature of the divorce.  If the marriage has broken down amicably and there are no major disputes over property or children, then the divorce is generally an administrative procedure, which can take from four to six months. If there are disputes, however, it could take considerably longer.

Is it expensive to get divorced ?

If there are no major disputes involved and the divorce is not contested, it is not an overly expensive process.  However, where disputes and court hearings are involved, the costs can rise considerably, unless methods such as mediation are used to settle disputes.

What legal grounds are required for divorce ?

You must have been married for more than 12 months.  This is an absolute requirement, so if you have been married for less than 12 months, you might want to consider waiting or applying for legal separation through the courts (see below).  In addition, you have to show that the marriage has irrecoverably broken down and that the respondent has committed adultery, unreasonable behaviour, has been violent or the petitioner for or the couple have been living separately for two years or longer.

What legal grounds are required for separation through the courts ?

The requirements for ‘legal’ separation are the same as divorce except for the fact you do not need to have been married for 12 months.

What is a decree nisi ?

A decree nisi is issued to state that the divorce will be legally complete after six weeks and one day.

What is a decree absolute ?

A decree absolute is issued when the divorce is made legally complete.

Can I settle disputes outside of court ?

In both the cases of divorce and separation, it is indeed possible to settle disputes out of court.  The method to informally resolve disputes is called mediation.  Mediation will only generally work where both parties are in a position to negotiate and come to a compromise.  If a compromise is reached, a legally binding agreement can be made such that there will be legal consequences if the agreement is breached.

In the case of separation, a legally binding agreement called a separation agreement can be used, which will settle issues with regards to finances, children, who will living in the matrimonial home etc.

Who will decide where the children will live and the terms on which contact is allowed ?

Generally speaking, the law prefers couples to come to an informal, private arrangement on child residence and contact issues as this is quicker, cheaper and less stressful for all those involved.  However, where this is not possible, it may be necessary to apply for a contact or residence order.  These orders are orders of the court.  A residence order will state where the child will live.  A contact order will state the terms on which the non-resident parent will be allowed to maintain contact with the children, whether in person, by writing, over the telephone or through a contact centre.