If you have made the decision to start divorce proceedings, the next step can seem very daunting. As Manchester divorce solicitors, we have provided a divorce guide to help you understand the divorce process and how to get a so called ‘quickie’ divorce.
Grounds for divorce
Divorce proceedings can be started if a marriage has irretrievably broken down. Evidence of the marriage breakdown is based upon one of five facts:
- Unreasonable behaviour; or
- Adultery; or
- Two years separation with consent; or
- Five years separation; or
Can I get a quickie divorce in Manchester?
If you have decided to get divorced then you probably want to get divorced quickly.
A limited number of divorce solicitors have signed up to new government pilot scheme that aims to make getting a divorce easier and quicker.
The divorce pilot scheme allows divorce solicitors who have joined the scheme to apply for an online divorce by digitally sending the divorce paperwork to a divorce judge.
A word of warning; the new pilot scheme does not provide an instant quickie divorce. That is because there are still timelines that the divorce court has to follow. For example, the court has to leave a 6-week gap between the dates for the decree nisi and the date for the decree absolute. These court imposed timeframes means that it is simply impossible to get an instant quickie divorce.
How much does a quickie divorce cost?
The cost of the quickie divorce is £1,222. Evolve Family Law publish a price guide to give a transparent all in divorce price.
The £1,222 fee includes the court fee of £550 and VAT and assumes that:
- The divorce isn’t contested by your spouse; and
- Your spouse lives in England.
Be wary of divorce quotes. Make sure they include VAT and the court fee.
For information and advice on divorce proceedings please call me on +44 (0) 1477 464020 or by email at [email protected]
Will I have to go to court to get a quickie divorce?
You do not need to go to court to get a quickie divorce. You only need to go to court for a divorce if your spouse objects to the divorce.
If you cannot agree custody and access you may need to go to court for a child arrangements order .
If you cannot agree on how to split your property and money, you may need to go to court to get a financial court order.
Do I need to name anyone else in the quickie divorce proceedings?
No, not if you want a quickie divorce. Naming a third party makes the divorce proceedings more complicated. Therefore, the divorce takes longer to complete.
The divorce petition has a ‘prayer’ and mentions financial claims. What does it mean?
The divorce petition is a standard document. All divorce petitions includes a “prayer” asking the court to grant a divorce and asking for financial orders.
It is usual to include requests for financial orders even if they are not pursued. It is sensible to get advice from a divorce solicitor before completing a divorce petition or replying to the divorce petition.
We have not agreed on who has custody of the children. Can we still get a quickie divorce?
If custody of the children has not been agreed either parent can make a court application for a child arrangements order. The court application can be made before or after the divorce is completed.
We have not agreed a financial court order. Can we still get a quickie divorce?
The court can complete the divorce even if a financial agreement has not been reached.
In some cases, a divorce solicitor will recommend not getting your decree absolute until a financial settlement is reached. That is because of the potential financial prejudice of finishing the divorce without a financial court order. It is always sensible to get specialist legal advice from a Manchester divorce solicitor before getting your decree absolute.
If you have a decree absolute does it mean a husband or wife cannot make any financial claims?
No, that is not the case.
Your former husband or wife could make financial claims for maintenance, property, business assets, pensions or cash unless you get a clean break financial court order.
There is no time limit to bring financial court proceedings after divorce so it is sensible to get a financial court order if you want financial security.
Can you get a quickie financial court order?
If you can reach an agreement over who should get the house or pension then Evolve Family Law solicitors can obtain a financial court order for you as part of an online financial remedy pilot project. That means that it is not just your divorce that is fast tracked but also your financial court order.
Evolve Family Law solicitors provide quickie divorces in Manchester as they have signed up to the government pilot scheme to modernise divorce proceedings through using an online system. The client feedback on the divorce pilot project is positive and divorce proceedings are streamlined and quicker.