1. How long do I have to wait before I can get a divorce?

It is important to note that you have to have been married for 1 year before divorce proceedings can be commenced. Thereafter, the only ground in English Law to obtain a divorce is on the basis that your marriage has irretrievably broken down. In order to prove irretrievable breakdown you can rely upon one of 5 facts:-

• Adultery (any third party does not have to be named)
• Unreasonable behaviour
• Two year separation (with consent)
• Five year separation (consent not needed)
• Desertion

It is important to note that the Petitioner (person who starts the divorce) cannot rely upon their own behaviour or adultery!

2. How long will the divorce take?

An undefended divorce takes approximately 6 months from the date of issue of the Petition.

3. Who pays the costs of the Divorce?

A person can obtain Public Funding (Legal Aid) to pursue a divorce, assuming that they are financially eligible. The Petitioner can however include within their divorce petition a claim for costs against the Respondent (the other spouse or co-respondent). The Petitioner is usually responsible for paying for their own costs which they may recover from the other spouse later within the proceedings.

NB/ Divorce does end financial claims that spouses have against one another, although remarriage does. It is therefore essential to address the best way to achieve a clean break as soon as possible.

4. Can I get Legal Aid?

In order to ascertain whether an individual is entitled to Public Funding (legal aid) you have to be means assessed. A solicitor can carry out this assessment for you or alternatively you can complete the Legal Services Commission eligibility calculator which can be found here.


For information on any matters discussed, simply call one of our family law solicitors Helen Oakes or Suzanne Smith on our Freephone 0800 731 2947 or to receive an online discount complete our online form below: