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Divorce..how long does it take?(20 Posts)
I'm desperate to divorce DH I hate him more than anything!! How long does it take from start to finish? Also how much am I looking at spending on this?
Around 4-6 months, depending on how busy the court that you file for divorce with is. If I remember correctly, the initial court fee is £300, and then a further £40 for your final divorce decree, but of course you'll have your solicitors fee's on top of that and further fee's if it happens to go to court.
I'd suggest trying to work it out somehow but I saw the hate word so i'll keep mum and just wish you good luck and I hope everything goes smoothly for you an DH x
An undefended divorce should cost about £500 solicitors fees plus VAT plus £340 court fees, so budget on £1k for the divorce itself. Often you can get the other party to pay atleast half if not more of that, so you should recoup some of your costs.
The costs of the financial settlement are much more difficult to quantify and it all depends on how amicable the parties are. A straightforward settlement should cost each party about £1.5 to £2.5k, but if it gets messy and ends up in court it can easily cost £8k to £10k each side.
Timescale is four to five months to get to the decree absolute stage, and the financial negotiations can run in parallel, but often go on for longer.
If there are money/property issues to sort out you'll probably find that most solicitors advise you to hold off applying for decree absolute until you have settled all the finanical matters. So that might slow it down.
If you have a quick divorce does one of you have to be at fault? I thought you had to wait 2 years.
I would like to divorce as soon as I am back in the UK however neither of us were at fault at he time of seperation. Now my exDH is planning to live with someone I want to have everything finalised asap.
If you want it before 2 years you could do it through unreasonable behaviour (if one of you is willing to accept you acted unreasonable in some way!). I found it fairly straightforward through this route, cost just over £600 (very simple divorce with straight 50:50 split of assets)
raisinbran if your DH is planning to live with someone, you are still married so he is committing adultery, you could divorce on teh basis of his adultery
You can divorce after five years without consent, or after two if both of you agree. Otherwise I'm afraid you have to say that you have been deserted, the other party has committed adultery and you find this intolerable or that the other party has been unreasonable.
so if you just want to get it done quickly, probably need to go for unreasonable behaviour BUT the problem with fault divorces is that you can really wind the other side up and he/she might decide to contest the allegations if they are sufficiently lurid... and they can't be wishy washy, i've seen a few petitions rejected by District Judges as the reasons were not sufficiently serious.
Generally i think it works if you say something like 'husband has been cold, rejecting, rude to my friends, forgot my birthday, criticises me constantly, has withdrawn all affection and this is making me very sad. I can't see any prospect of this behaviour improving, etc, etc. flesh it out a bit along these lines.
Its a crazy system, they tried to reform it with the 1996 Family Law Act to have no fault divorce but the politicians got very upset because of course this would mean The End of Marriage As We Know It. tossers.
Sorry, thats deserted OR adultery OR unreasonable. not deserted AND adultery, which is how it reads.
depends if he wants to get divorced... i've been trying for 4 years to get my ex to consent, he keeps saying he'll agree but then ignoring all the paperwork. has cost me over £5k so far and still no progress... going to court in 2 weeks but solicitor has said if ex does not turn up, which looks like he won't, the judge will just set a new date up to a year away... all this despite the fact that i now live with and have a baby with another man.
Like i said, five years if no consent. I think the Judge sounds v sensible. Don't spend any more money, just wait a year. A contested divorce is always awful and always futile but a sure fire way to waste lots and lots of money. Don't give the idiot the satisfaction.
Thanks for responding to my question. However if we can't divorce for 2 years how do we divide the finances when everything is in joint names now? The one hour I had with a lawyer said nothing was binding until the divorce is finalised.
that's my understanding too, that a financial order made by the court only becomes binding when you've got the decree absolute, hence why i've been trying to get mine finalised despite it costing a fortune...
You can't enforce a court order without the decree absolute but there is nothing to stop you entering into an agreement. You can then stop the other side going behind this agreement at a later stage if you can show that you both had independent legal advice, made full financial disclosure and were not harrassed or 'persuaded' by the other side. I think your lawyer could be a bit more creative, but an hour is not very much time to do more than scratch the surface I suppose.
how much property etc do you have? how amenable would your ex be to sorting stuff out? Mediation is always a good idea as even relatively simple court hearings can cost a lot.
We have 2 houses, 1 paid off both are rented out. Then we have money saved in FUND a Funds?, Corporate money funds,Zopa, pensions etc. (over a million dollars between us in total).
Original plan as no one one else was involved( so I thought) that we'd spilt assests on paper wait 2 years and he would pay child maintenance and spousal allowance of his future income for a few years until I got my career back up.
Now I know he has been seeing someone even when we were having marrigae counseling and even after we were seperated he still denied he was seeing anyone, yet I know for a fact he is planning to live with this person once we're back in England. Once he has his share of the assets, I dont trust him now to honour his part.
The reason we didn't go down the solicitor route as he said his job was to sort out complex problems why payout lawyer fees.
He is going to be furious when I tell him I want to take more assests now instead of future income. I don't really know how I am going to play this. We do have a counselling session booked together next week though.
Raisin, you CAN divorce now, on bthe basis of his adultery
Can someone recommend a cheap London based lawyer for an uncontested divorce? My husband is now willing to sign anything out of guilt and I want to strike while the iron is hot. I spoke to a couple of lawyers who charge 200-350 pounds an hour and said an uncontested divorce plus financial settlement would cost me a minimum of 3000 pounds and most likely more. That means 6,000 pounds for both of us? It seems like there must be a cheaper way.
raisinbran if you're going down the adultery/unreasonable behaviour route, then it might be worth explaining to him first why this is necessary - otherwise people do tend to get upset that they are being "blamed" for the divorce when they consider it is both parties' faults. Sounds as though adultery is the least contentious way to go - all you have to say is something like he has committed adultery with such and such a person and the adultery is ongoing.
I believe you can get a legal separation, which is a kind of a halfway house to divorce, which will sort out finances, but things might have changed since my day.
mourning try HCL Hanne & Co www.hanne.co.uk - not sure exactly what they charge (and obviously a partner will be more than an associate) but £6000 sounds way too much for an uncontested divorce!
Don't know whether you have done anything yet but you could deal with the divorce yourself and just pay a solicitor to deal with financial matters. You just need to go to the court, or use their website to down load the papers.
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