Dealing with Divorce

Family problems

Many couples find that their marriages or relationships go through a rough patch. Often these problems can be resolved with some marriage counselling and advice. You may wish to contact Relate (this is an external hyperlink), the largest marriage guidance organisation in Britain.

When can I get a divorce?

In order to get a divorce you need to have been married for more than twelve months.  You will also need to show that the marriage has broken down.

 

Sometimes marriages break down and it is not possible for them to recover.  It may not be the fault of either partner, but you may decide to live separate lives.  The Citizens Advice Bureau offers a useful guide to your options if this happens.

 

A married couple can separate informally. If the couple agree, they can make arrangements over children, money, housing and other property without going to court, however informal arrangements may be changed by the courts later.

 

It may be sensible to consider a separation agreement to avoid later problems, so that issues like when the children see each partner, who owns the house or how the money is divided are agreed sensibly. 

 

The Community Legal Service (this is an external hyperlink) can help you get more advice or you can find a local solicitor via the Law Society (this is an external hyperlink). Help with costs (this is an external hyperlink) may also be available depending on your income.


All parents have a responsibility to provide for their children. When marriages break down it can sometimes be difficult to agree about the issues like child maintenance.

 

If you need help or advice about child maintenance visit the Child Support Agency 's website (this is an external hyperlink) or contact them on the National Enquiry line 08457 133 133.

 

If you find yourself as a lone parent, there is plenty of help available to you, if you want to find work.  From April 2004 all enquiries about New Deal for loan parents will be dealt with directly by Jobcentre Plus (this is an external hyperlink). They will be able to help you look for work and arrange training.

 

To prove the marriage has broken down you will need to show the following:

Adultery

You need not know the identity of the person that your spouse has committed adultery with and you do not need to name them on the Divorce Petition.  However, if your spouse denies the adultery then you may be requested to prove it.  This can be very difficult and for this reason divorce petitions on the grounds of adultery are not always successful.

Unreasonable Behaviour 

You will be asked to give examples in the divorce petition about your spouse's unreasonable behaviour.  You must state why this has made it difficult for you to continue living with them. You may also use adultery as an example and you would not need to prove the adultery.  This may be a better option than relying on a adultery as the only ground.

2 Years Desertion

You will need to supply the date of when your spouse left you and show that you have not heard from your partner since that date.  You cannot start divorce proceedings until your spouse has been gone for two years.

2 Years Separation

In order to use this ground for divorce your spouse must agree to the divorce.  You will need to put the date of the separation on the divorce petition and state briefly the reason for the separation.  If you do not know the exact date of the separation you can give an approximate date as long as it can be clearly shown that two years have passed.

5 Years Separation

You do not need your spouse's consent to divorce on this ground. This ground is therefore useful if you know that you will have difficulty getting your spouses consent.  You will need to give details of the date of the separation and brief reasons on why you separated.

Starting Divorce Proceedings

A step by step guide to the divorce procedure

  1. The applicants' solicitors (or the applicant) send the Divorce Petition, with the court fee and the marriage certificate, to the court.  If you have children, the divorce petition should be accompanied with a statement about the arrangements for the children.

  2. The court will register the case, process the papers and send copies of the petition, the statement of arrangements for the children and an Acknowledgement of Service form to the Respondent or the Respondent's Solicitors. 

  3. The Respondent or their solicitor will fill in the acknowledgement of Service, stating that the papers have been received and read and that the divorce is not being contested.

  4. The Acknowledgement of Service is filed by the court and a copy of the completed form is sent to the applicant or the applicant's solicitor.

  5. The applicant's solicitor or the applicant prepare an Affidavit (a sworn statement) stating on oath that the contents of the divorce petition are true.  The solicitor or the applicant then file the affidavit at court along with a form requesting that the divorce papers are considered with a view to granting the decree nisi.

  6. The District Judge considers the filed papers and decides whether a decree nisi should be granted.  If the judge decides that the decree nisi should be granted than both parties are notified by the court of the date and time when the decree nisi will be announced in court.

  7. The court pronounces the decree nisi.  It is not necessary for anyone to attend court on this date as it is simply a formality.

  8. A sealed copy of the decree nisi is sent to both parties or their solicitors.

  9. Six clear weeks after a decree nisi has been granted the Applicant or their solicitor can apply for a decree absolute.  If no application is made the Respondent can apply for a decree absolute three months from the date of the decree nisi.  If no application for a decree absolute has been made within one year,  the applicant must explain the delay to the court who then have the discretion to grant or refuse.

  10. The court sends the sealed decree absolute to both parties or their solicitor.  The marriage has now officially ended.

Can I get the marriage annulled?

Under certain circumstances you may be able to have your marriage annulled.  You must apply to annul the marriage within a reasonable period of time, in some cases this will be three years.  There is no requirement to have been married for twelve months.  Examples of when you may seek an annulment of your marriage are:

  • The marriage has not been consummated

  • At the time of marriage your spouse was already married to someone else

  • One of you was under 16 years of age when you get married

  • You have married a close relative

  • Your spouse had a venereal disease at the time of the marriage and they knew about it but you didn't

  • Your spouse was pregnant with another person's child at the time of the marriage and they knew about it but you didn't

Where can I find legal advice?

To find a solicitor in your area you can look through the solicitors' directory (this is an external hyperlink).

 

Alternatively you can get free legal and benefit advice from the Citizens Advice Bureau (this is an external hyperlink).

Can I get help with legal fees?

The legal help scheme helps people with a low income to get free legal advice and assistance.  You can get help from the legal help scheme with an undefended divorce, maintenance or disputes over children.

 

The legal help scheme covers three hours of work by a solicitor, however, the solicitor can apply for an extension to finish the work under the scheme.

 

To be eligible for the scheme you must have a gross monthly income of under £2,000 and capital of under £3,000.  If you have a partner his/her income and capital may be taken into consideration.

 

If you are claiming Income Support or Income-based Jobseekers Allowance you will be eligible for the scheme.  However, if you are not on either of these you may still be eligible for help.  Your eligibility will depend on your disposable income, that is the amount of income you have left after deductions have been made for tax, national insurance, and deductions for any dependants.

 

For further information about this scheme visit the Government's Legal Services (this is an external hyperlink).

 

To find a solicitor in your area you can look through the solicitors' directory (this is an external hyperlink).

Can I arrange the Divorce myself?

Yes, it is possible to do your own divorce without needing to consult a solicitor.  However, it should be noted that a do it yourself divorce should only be undertaken if both parties are in agreement about all matters.

 

The forms can be obtained from your local county court.  You will also be able to obtain guidance notes for filling in the forms.

Is there any financial help I can get?

You may be able to claim some benefits now that your circumstances have changed.  The rules for most benefits and tax credits are the same if you have separated or divorced as they are for other people who are single.

 

You can claim Jobseekers Allowance if,

  • you are capable of working
  • you are available for work
  • you are actively seeking work
  • you are under 65 (for men) and under 60 (for women)
  • you are not working or are working on average less than 16 hours per week.

(You cannot usually get Jobseekers Allowance if you are aged under 18.)

 

If any of the above apply to you, more information is available on Jobseekers Allowance (this is an external hyperlink).

 

You can claim Income Support if,

  • you are on a low income
  • you have savings less than £8,000 (£16,000 if you live in a residential care home)
  • you do not have to sign on at the Jobcentre
  • you are aged 16 or over
  • you are not working or are working on average less than 16 hours a week.

If any of the above apply, more information is available on Income Support (this is an external hyperlink).

 

You can claim Child Benefit if,

  • you are bringing up a child who is under 16 or under 19 and studying full time up to A level, NVQ level 3 or equivalent
  • you are bringing up a child who is under 18 and registered at the careers office for work or work based training for young people.

If the above applies to you, more information is available on Child Benefit (this is an external hyperlink).

 

You can claim Working Families Tax Credit if,

  • you are working on average 16 hours per week and are bring up a child under 16, or under 19, who is studying full time up to A level or equivalent
  • you have savings less than £8,000.

If the above applies to you, more information is available on Families Tax Credit (this is an external hyperlink).

 

You can claim Childcare Tax Credit if,

  • you have a child in registered childcare.

If the above applies to you, more information is available on Childcare Tax Credit (this is an external hyperlink).

 

You can claim help with health costs if,

  • you are in receipt of income support
  • you are receipt of Income based Jobseekers Allowance.

If the above applies to you, you may be able to get:

  • Free NHS prescriptions
  • Free NHS dental treatment
  • Free NHS sight tests
  • Vouchers towards the cost of glasses or contact lenses
  • Free NHS wigs and fabric supports
  • Repayment of necessary travel costs to hospital and back for NHS treatment.

More information on help with health costs (this is an external hyperlink).

 

Other benefits you may be able to claim include,

What about Mediation?

Mediation offers separating and divorcing couples the opportunity to resolve matters regarding the future by negotiating with each other with the help of a trained mediator.  The mediator will ensure that both parties get a fair and equal say.

 

The sort of things that you may discuss in mediation are:

  • Who the children will live with and access arrangements for the other parent.  How you will make decisions about the children in the future.
  • How the family assets are going to be divided, the family home, pensions, maybe a business
  • How each member of the family is going to be financially supported in both the short and the long term

Mediation will not help you to get back together.  Couples go to mediation when they have reached the decision that the relationship has irretrievably broken down and they need help to focus on the future.

Children and Divorce

Advice and help for children and parents (this is an external hyperlink)

External link to information on Preparing for Emergencies .|. External link to Directgov information website .|. External link to Get Safe Online website .|.

How to get here

Fareham Borough Council, Civic Offices, Civic Way, Hampshire, PO16 7AZ

Tel: +44 (0)1329 236100 | Mobile Text/Photo: 07876 131415 | Fax: +44 (0)1329 821770