Frequently Asked Questions

1. What do you mean by uncontested? Read more

You may not both agree that a divorce is the solution to your matrimonial difficulties. However, to be uncontested both parties to the marriage must agree that they will co-operate with each other and the Court process to obtain a divorce. The court must also co-operate with the process.

2. My spouse will not agree to an uncontested divorce. What can I do? Read more

Regrettably it takes some people more time than others to adjust to a broken marriage. One option is clearly to wait for your spouse to agree. However, this may not necessarily be a preferred option. Should you still wish to pursue a divorce against the agreement of your spouse then we can still help. If you think this may apply to you then call us to discuss. Also, you may want to look at our parent site at www.famile-law.co.uk to consider your options. Here we illustrate the available options more fully. Even if an agreement over divorce is not possible at the initial stages then it is still possible to obtain a divorce in the majority of cases. Although we cannot provide a resolution for a fixed fee alone using these alternative options there are still good rates being offered. Our typical rate for a complicated or a contested divorce is very competitive at £70 per hour. Contact us for a without obligation discussion.

3. How straightforward is an uncontested divorce with LowCostDivorceSolicitor? Read more

Assuming that you and your spouse have been married for 1 year and either one of you is habitually living in the England and Wales area but you believe that your marriage has broken down irretrievably then you can consider our services. Once you have read about our service and made an online payment of £149 or £239, depending on the service you require, then we will collect your personal details and details about your marriage. We complete the forms and request payment of the Court fees from you. We will contact your spouse. Once you have paid these fees to us we will send the initial forms to the Court for issue. Assuming that the divorce continues to be agreed you will simply be required to swear an affidavit to progress your divorce to the final stages. If you have selected the Consent Order package then the documentation will be required to be signed by both you and your spouse following receipt of appropriate legal advice. Both the Consent Order and application for Decree Absolute can be sent to the Court. Once approved and processed your marriage is ended. The steps necessary to implement the terms of the Consent Order are finalised bringing all matters relating to the divorce to a close.

4. Why are your services so cheap? Read more

It was never our aim to be "cheap". We are attempting to compete commercially with other divorce services. There are now numerous divorce services being offered by managing agents and partnerships with few or no qualified solicitors. From what we see the prices quoted by our competition are based on the fact that the actual work is carried out by unqualified staff. However, the prices we can charge, even as qualified solicitors, are being forced down. This ultimately benefits the customer providing service quality is not adversely affected. We have low overheads and modest salaries which allows us to compete at the bottom end of the cost scale without affecting our service quality.

5. Who will conduct my divorce? Read more

A solicitor will conduct all aspects of your divorce. We do not employ unqualified legal assistants to conduct cases. Only solicitors experienced in family law will be involved with your case. From contacting clients to completing the forms. From start to finish you will have a dedicated divorce solicitor conducting your case.

6. How long do we need to have been married before one of us can commence divorce proceedings? Read more

The law stipulates that there must be a minimum period of 1 year from the date of the marriage before divorce proceedings can commence.

7. Which Court has the right to conduct our divorce? Read more

This is referred to as jurisdiction. Any County Court in England and Wales with a Divorce division can conduct your divorce. We will aim to use the County Court nearest to you to issue proceedings.

8. Please remind me what the Court fees are? Read more

The Court issue fee is currently £550. There is no longer a separate fee to apply for the Decree Absolute. The fee for application for a Consent Order to resolve the finances is also £50. There is a fee of between £5 and £11 for an affidavit if required during the process. These are the main fees required. However, there are other Court fees that can be required. These other Court fees are not necessary should your divorce and resolution of the marriage finances be agreed.

9. I live in Newcastle. Can I still use your services? Read more

Yes. We can conduct your divorce on your behalf wherever you live in England and Wales since the majority of cases are dealt with in correspondence. In the rare cases where Court attendance will be required we can still accommodate this cost effectively for you.

10. I live abroad. Can I still use your services? Read more

Yes. The Court only requires that you or your spouse is domiciled or habitually resident in England and Wales to have jurisdiction over your divorce. This sounds complicated, and this sometimes can be. Therefore, if there is any doubt that you can seek a divorce in the England and Wales jurisdiction then please call us to discuss your individual circumstances.

11. Both my spouse and I are foreign nationals but live in England and Wales. Can we still use your services? Read more

The circumstances here depend on whether either you or your spouse is habitually resident in England and Wales. If either you or your spouse is habitually resident here then yes we can still seek a divorce in the England and Wales jurisdiction on your behalf.

12. We were married abroad. Can we still use your services? Read more

Yes. However, assuming that your marriage certificate is in a foreign language then you will need to pay for a notarised translation before we can start the divorce procedure. If this applies to you then please call to discuss further. A translation will require payment of additional fees.

13. After making payment via PayPal what happens next? Read more

You will be contacted by your appointed solicitor who will request the necessary details to complete the Court forms and to allow contact to be made with your spouse. Your specific circumstances will be confirmed. When all initial tasks required to start proceedings are completed the process will begin. One of the required tasks will be to obtain the Court fees from you of £550 or £600, depending on the service chosen. We will make a request via direct bank transfer or cheque. We can recieve payment via PayPal service for this when required but this requires an additional fee of £25. When we receive payment the documentation can then be sent to the Court for issue.

14. What documentation must I give you to allow the proceedings to commence? Read more

The only document we require from you is your marriage certificate. If you do not have the marriage certificate then we can obtain a certified copy on your behalf. There are additional fees to do this. We charge £30.25, this includes the cost for a England & Wales marriage certificate which is £9.25 to be paid to the Registrar who holds your records. For a marriage outside this jurisdiction the cost can be considerably more. Should this apply to you then please call to discuss further.

15. How long will my divorce take? Read more

Obviously the time required to finalise your divorce will depend on a number of factors. The time will depend largely on the conduct of you and your spouse and the work load at the Court. However, divorce proceedings will normally take between 3 and 6 months to complete. However, this can take longer when there is a delay with resolution of the marriage finances and it is decided that the finances will be resolved before requesting the Decree Absolute.

16. Is there any advantage in commencing the proceedings instead of my spouse? Read more

Regrettably there is a potential advantage in commencing the divorce proceedings. However, where you are considering an uncontested divorce the potential advantage can be negotiated to a neutral position. We can discuss this should there be any concern over this issue before we contact your spouse.

17. Will I be required to attend Court during the procedure? Read more

Attendance at Court is unlikely to be required. However, should there be any issues that concern attendance at Court that arise during the proceedings then we will discuss this with you. There are few instances where Court attendance will be required when the parties are in agreement over the divorce issues.

18. Does obtaining a Decree Absolute resolve the financial issues of our marriage? Read more

No. A Decree Absolute only ends the marriage. There are separate, although related, proceedings called Ancillary Relief proceedings that are entered into to resolve the marriage finances. The Court will not normally resolve the marriage finances following divorce unless asked to do so by one of the parties. Proceedings to resolve the marriage finances can be commenced after the issue of the Decree Nisi.

19. Do we need to resolve all the financial issues before commencing proceedings? Read more

No. Although it is desirable that the financial issues are discussed and agreed before commencing proceedings prior to purchasing our agreed financial package it is not necessary to resolve them completely. Providing the differences outstanding prior to issue are not likely to prevent the Consent Order being agreed for approval by the Court then there should be no difficulty in taking steps to progress the resolution of finances at an early stage in the divorce timetable.

20. What happens if we cannot agree the marriage finances? Read more

Despite the fact that resolving the marriage finances is one of the processes of a complete divorce the Court will not normally consider the marriage finances unless asked to do so formally by one of the parties of the marriage. Should there be no agreement over the marriage assets then the matter remains outstanding. This is unsatisfactory in the majority of cases. The only way to overcome this difficulty is for Ancillary Relief proceedings to be issued at Court. The Court will then be required to make a determination should there still be no agreement between the parties. In most cases the parties do finally agree on a settlement before any final contested Court hearing which is approved by the Court. Assuming this happens the Court will no longer be required to make a determination.

The fixed fee option provides for a clean break where there are no assests. Should the marriage assets be complicated in form or of a high value and there is no agreement over them and you wish to issue Ancillary Relief proceedings to allow for attendance at Court to resolve them then we can still help. If you think this may apply to you then call us to discuss. Also, you may want to look at our parent site at www.famile-law.co.uk to consider your options. Here we illustrate the available options more fully. Even if a Consent Order is not possible at the initial stages then it is usually still very important to resolve the marriage finances sooner rather than later. Although we cannot provide a resolution for a fixed fee of £90 using these alternative options there are still good rates being offered. Our typical rate for more complicated or contested applications is very competitive at £70 per hour. Contact us for a without obligation discussion. Typical times to complete a more complicated resolution are between 2 and 8 hours depending on the facts.

21. What happens if my spouse and I do not start Ancillary Relief proceedings during the divorce process? Read more

As mentioned earlier should there not be any agreement or determination of the marriage finances then this remains outstanding. However, in order to avoid losing any rights or claims to marriage assets it is important to consider this issue seriously should resolution of the Ancillary Relief issues be delayed. Should there be no resolution of the marriage assets during the divorce procedure then it is important that you receive advice based on your individual circumstances. Should you instruct us to conduct your divorce we will do this for you whether or not you decide to resolve the marriage finances early or not.

22. I have commenced divorce proceedings against my spouse and we have now agreed to have another go at working towards sorting out our marriage issues. Am I now committed to continue to end the marriage? Read more

Absolutely not. The marriage comes to an end only after the Decree Absolute has been pronounced. There are procedures to follow to withdraw proceedings. However, should you not wish to continue or progress the divorce proceedings then you can do this as well.

23. Do my spouse and I need to agree all matters relating to the children before divorce proceedings are issued? Read more

As with the finances there is no requirement to agree children matters with your spouse before issue of proceedings. However, it is desirable. The Court will no longer consider the arrangements for the children during the divorce process since the introduction of the Children and Families Act 2014. If you cannot agree arrangements for your children, you can make an application under the Children Act 1989. The Courts will only become involved in children matters when when asked to by one of the parties. However, under section 10(1) of the Children and Families Act 2014, it is now a legal requirement for a person to attend a MediationInformation and Assessment Meeting ("MIAM") before making an application for a Children Act Order. A MIAM is a short meeting that provides information about mediation as a way of resolving disputes. Whatever course is taken the Court will always respond in a way it considers to in the best interests of the children.

Should children issues be complicated or potentially protracted or you are considering separate Children Act proceedings to resolve them then we can still help. If you think this may apply to you then call us to discuss. Also, you may want to look at our parent site at www.famile-law.co.uk to consider your options. Here we illustrate the available options more fully. Even if an agreement over arrangements is not possible at the initial stages then it is usually still very important to resolve these matters sooner rather than later. Although we cannot provide a resolution for a fixed fee using these alternative options there are still good rates being offered. Our typical rate for contested applications is very competitive at £70 per hour. Contact us for a without obligation discussion.

Go to the contact page Read about the £149 Standalone Divorce Service Read about the £239 package plus £90 matrimonial package

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