Angela Moores
Formerly of Jarvis Family Law, Harrogate
Family & Divorce Solicitors Harrogate,Oldham,Ashton under Lyne,Stockport Menu

Divorce / Dissolution FAQ

Angela Moores is a specialist in dealing with divorce, dissolution, separation and issues involving children. Below are some of the most commonly asked questions about divorce. Please Contact us for specific information about your situation.

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How long will the divorce/dissolution take?

If both parties wish to proceed at a reasonable pace and both do all that is required promptly, then the divorce process might take between 4-6 months. However, other aspects of the separation process, i.e. financial settlement may result in advice being given not to proceed to decree absolute (the position when your marriage is dissolved) prior to resolution of those other matters. Complication within the divorce process can also cause delay.

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On what grounds could I issue a divorce/dissolution petition?

There is only one ground for divorce/dissolution and that is that the marriage has irretrievably broken down. To prove this a party may rely on one of the availablecontact us facts being adultery (not available for dissolution of civil partnerships), desertion, unreasonable behaviour and separation for a period of either two years (if the other party consents) or five years (if there is no consent). It is always best to obtain the necessary admissions or consent from the other party prior to the issue of any divorce/dissolution petition in order to save costs and time. For more information see our grounds for divorce page.

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Will it matter on what basis the divorce/dissolution is issued or which of us issues it?

In the majority of cases it will not matter on what fact the petition is issued nor should it affect the way in which assets are divided or how issues relating to children are handled. In a small number of cases where conduct has been extreme there may be an effect but those cases are very limited. There may be cost implications for the party in receipt of the petition.

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What is the difference between decree nisi and decree absolute?

The decree nisi is the provisional decree of divorce/dissolution pronounced when the court is satisfied that a party has met the legal and procedural requirements of a divorce/dissolution. A party must then wait at least 6 weeks and 1 day after the pronouncement of the decree nisi before application for the decree absolute. The decree absolute is the decree which actually brings the marriage/civil partnership to an end. Decree absolute has effects upon inheritance under a will so it is best to review a partyÍs will at that time.

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How much does a divorce cost?

Ideally agreement should be reached between the parties or their solicitors as to who is to pay what amount towards the costs of the divorce/dissolution proceedings (not the financial proceedings). Free consultationThis is because the Petitioner (the party who files the petition) generally has to initially pay 90% of the costs including payment of the court fees. If a claim for costs is made in the petition, and there is no agreement, a court is able to make a costs order against the Respondent (the party who receives the petition) that he/she pays the Petitioner costs (as well as his/her own). Generally such a costs order might be in the region of £1,200 - £1,500 (inc VAT and Court fees) so it is worth trying to agree costs in advance. For more information please see our page on divorce costs.

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If these or any other issues relating to family breakdown are problems for you please contact us.