Bournemouth Solicitors

What is the difference between judicial separation and divorce?

In judicial separation the parties remain married and only apply for one decree. For judicial separation there is no need to have been married for 12 months as with divorce, but the petitioner must still prove one of the five facts.

What if I cannot find the original marriage certificate?

You can contact the relevant Registry Office.  They can provide the original marriage certificate for a fee.

What if the marriage certificate is in a foreign language?

In this case the marriage certificate needs to be translated into English by a qualified translator who would need to prepare a sworn statement confirming it is a true translation, and it then needs to be lodged with the original marriage certificate at Court.

What if I live in England and Wales and my spouse resides abroad. Is this a problem?

No, provided one of you is either domiciled or habitually resident (for a year) in England and Wales, you can proceed with your divorce.

Do I have to agree all financial matters before I start divorce proceedings?

No, but it is a good idea to resolve or include financial issues as part of the divorce failing which such issues are likely to arise in one way or another in the future.

Do I have to agree all arrangements for the children before divorce proceedings?

With children, the divorce cannot be finalised unless and until the court is satisfied that the arrangements for the children are satisfactory.

Can I still start divorce proceedings on the grounds of adultery, unreasonable behaviour, two-year separation or five-year separation, even if we continue living together?

Yes, provided that, prior to the date that your divorce petition is presented you are not living as man and wife ie separate bedrooms and not sharing any domestic tasks.

How are children related issues dealt with ?

At the time of submission of the petition for divorce or judicial separation to the court, the petitioner must include a statement of arrangements form for children. The form should be sent to the partner with a view to trying to agree it before it is filed at court. If the judge is not satisfied he or she can arrange a children’s appointment where the party that cares for the children will have to be present at court to explain to the judge the arrangements that have been made for the children.

Should I change my will after divorce ?

Yes, it is a good idea, even before the court grants the decree absolute.

My partner has changed the locks to our home and won’t let me back in. Is there anything I can do ?

If you own the property jointly with your partner then you are allowed to live in it. In the first instance, you may need to get a solicitor to write a letter to your partner but if this does not work then you may need to apply to the court for an order that your partner must let you back in. If violence has occurred and there the court is satisfied as to this, the violent partner will often be ordered to leave the property and stay away, with an injunction order being granted.

How long do you have to be married in order to apply for a divorce in England and Wales?

The law states you have to be married for at least 12 months before you can apply for a divorce.

I want to get divorced but I do not know where my husband/wife is. Can I still proceed?

You can apply to dispense with service of the petition. However if you are alleging adultery or 2 years separation by consent this option is not available to you and you may wish to seek legal advice.

What is ancillary relief?

This is the legal technical term for asking the court to make a ruling on finances of the marriage, dividing up assets and liabilities and making any orders for future financial provision.

What is the process for applying for ancillary relief ?

• Issue an application in the court which is dealing with the divorce
• The court then sets a date for the First Appointment (FA)
• Before the FA you must fill in a Financial Statement (Form E)
• Both sided exchange completed Form E on the same day
• the court sets a deadline for each side to compose a draft Questionnaire
• You attend the FA. The judge decides if all the questions in your draft questionnaire are really relevant and then approves the final version.
• A date for the Financial Dispute Resolution Hearing (FDR) is set.
• Bothe sides must answer the others questionnaire, including providing supporting documents.
• You attend the FDR hearing. The judge ascertains any offers each side is prepared to make and may suggest his or her view and ask the parties to go outside and negotiate.
• If an agreement cannot be reached the judge will set further court dates for a  Pre-trial Hearing, filing of witness statements and final hearing.
• At the final hearing the judge will decide what financial orders to make taking into account  factors set out in section 25 Matrimonial Causes Act 1973.

What is a consent order?

As part of ancilliary relief proceedings If agreement is reached this is evidenced by  a formal court document known as a Consent Order. A solicitor needs to draw up the Consent Order and a second document called a Statement of Information. The other spouse / civil partner needs to obtain independent legal advice before signing.