Q) Will I have to attend court?
A) If, uncontested, the parties are not required to attend Court. Occasionally, if there are any concerns about the proposed arrangements for children, the parties may be asked to attend Court for a short appointment to discuss what is going to happen to the children. Alternatively, if the divorce becomes defended, Court attendances will become necessary.
Q) What happens if I do not know where my spouse is living?
A) You must make reasonable enquiries to locate your spouse before commencing divorce proceedings. After making enquiries we can apply to the Court for an order that dispenses with the requirement to serve the divorce petition or allows us to serve divorce papers on a third party such as a relative or your spouse's employers.
Q) Does it matter who commences the divorce proceedings?
A) There are some disadvantages if your spouse divorces you. If divorce proceedings are commenced against you, you may be ordered to pay the costs of the divorce. You can avoid any problems relating to costs by agreeing at the outset who will pay what.
Q) What documents will I need to commence Divorce proceeding?
A) You will need either the original or a certified copy of your marriage certificate. However, if you cannot locate your original marriage certificate and your marriage took place in England and Wales, we are able to obtain a certified copy for a fee.
Q) Does a divorce automatically sort out all of our financial issues?
A) No. A Decree Absolute will only end your marriage. With regards to when they are dealt with however this is usually at the same time as the divorce proceedings although often the divorce itself can be concluded before a final decision has been made on the finances. You should not re-marry without first taking legal advice.
Q) Once I commence proceedings am I bound to continue with them?
A) No. You can stop the divorce proceedings at any time. However, if the divorce has been finalized, clients often ask when they can remarry again. When the Decree Absolute has been granted the marriage will come to an end and both parties are then free to marry again.
Q) Does it make any difference if we were married abroad?
A) If you were married abroad, then no it does not make a difference, however if the marriage certificate is in another language then we will need to obtain a notarised translation. This will incur an additional fee.
