Bromley Solicitors

Bromley Divorce FAQs

How long does it take to divorce?

It entirely depends on whether the relationship broke down relatively amicably or not and the willingness of the parties to negotiate.  Many divorces, particularly where there are no disputes over children or property, are merely administrative procedures that take around four to six months.  Divorces which involve court hearings to resolve disputes can take considerably longer.

What is a decree nisi ?

The decree nisi does not state that the divorce is legally complete, but is a necessary step in the divorce process. If six week have passed, you will be able to apply for the decree absolute.  A decree nisi is issued to give either side time to submit new evidence or petitions which may have a bearing on the case.

What is a decree absolute ?

A decree absolute is issued to finalise a divorce, provided no new evidence or petitions following the decree nisi have been issue.  Following the issue of this decree, you will be legally divorced and allowed to remarry.

Should I use a separation agreement ?

If possible, yes.  A separation agreement is used to settle any issues and disputes related to children, finances and who will be allowed to live in the matrimonial home, for example.  A separation agreement will help to pre-empt disputes and can be made a legally binding agreement, meaning their will be legal consequences if the agreement is broken.

I have been living separately from my spouse for two years.  Can I get divorced on this basis ?

Yes, you can so long as your spouse agrees.  If they do not, you will have to use other grounds such as unreasonable behaviour of adultery.

My spouse hasn’t responded to my application.  Is there anything I can do ?

Yes you can either have a process server or a court bailiff personally deliver the service form.

The petitioner hasn’t applied for the decree absolute to finalise the divorce.  What can I, as the respondent, do ?

If 17 weeks have passed following the issuing an a decree nisi, you can apply for the decree absolute yourself.

My spouse is denying me contact with my children. What is my legal position ?

Your spouse cannot deny contact with your children altogether, and contact is not congruent on maintenance payments being made, for example.  You should seek advice from a solicitor and try and negotiate informally.  If this course of action proves fruitless, you can apply to the courts for a contact order, which will state the terms on which you are allowed to maintain contact with your children.

Can I apply for a joint residence order?

There is nothing to stop you applying for one, although you should bear in mind that this is a little bit unusual as joint residence usually requires the parents to cooperate to work in practice.

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