Frequently Asked Questions About Divorce

Clear, compassionate guidance during life’s most difficult transitions.

Divorce can be emotionally and legally complex, but understanding the process is the first step toward clarity and confidence.


Our expert team at KLR Solicitors has answered some of the most common questions to help guide you through every stage.


Free 1-Hour Consultation

Frequently Asked Questions About Divorce

Clear, compassionate guidance during life’s most difficult transitions.

Divorce can be emotionally and legally complex, but understanding the process is the first step toward clarity and confidence.


Our expert team at KLR Solicitors has answered some of the most common questions to help guide you through every stage.


Free 1-Hour Consultation

  • ​What are the grounds for divorce in England and Wales?

    As of April 6, 2022, England and Wales have implemented a no-fault divorce system. This means that the sole ground for divorce is that the marriage has irretrievably broken down, without the need to assign blame or cite specific reasons.

  • How long does the divorce process typically take?

    The duration of the divorce process can vary depending on individual circumstances. On average, a straightforward divorce may take between 9 to 12 months from the filing of the application to the final order. However, factors such as disputes over finances or child arrangements can extend this timeframe. ​

  • What is the cost of filing for a divorce?

    The court fee for filing a divorce application in England and Wales is £593. Additional costs may include solicitor fees and expenses related to resolving financial or child arrangements. 

  • Can I get a divorce if we've been married for less than a year?

    No, you must have been married for at least one year before you can apply for a divorce in England and Wales.

  • How are financial assets divided during a divorce?

    The division of financial assets depends on various factors, including the length of the marriage, each party's financial needs, contributions to the marriage, and the welfare of any children involved. Courts aim for a fair distribution, but this doesn't always mean an equal split. 

  • What arrangements are made for children after a divorce?

    Decisions regarding child arrangments, living arrangements, and contact rights are made based on the best interests of the children. Parents are encouraged to reach amicable agreements, but if that's not possible, the court may intervene to decide. 

  • Do I need to attend court for my divorce proceedings?

    Not necessarily. If both parties agree on the divorce and its terms, the process can often be completed without attending court. However, if there are disputes, especially concerning finances or children, court appearances may be required. 

  • Can I get a divorce if my spouse doesn't agree?

    Yes, under the no-fault divorce system, one spouse can apply for a divorce without the other's consent. The application can proceed even if the other spouse disagrees.

  • ​How does divorce affect my will?

    A divorce can have significant implications for your will. It's advisable to review and possibly update your will during or after the divorce process to ensure your assets are distributed according to your current wishes. 

  • What is a 'no-fault' divorce?

    A no-fault divorce allows couples to divorce without assigning blame to either party. It acknowledges that the marriage has irretrievably broken down without the need to provide specific reasons or evidence of wrongdoing.

  • What Happens to Debts During a Divorce in the UK?

    Dividing assets during a divorce is challenging enough — but what about debts? Whether in your name, your ex’s, or shared between you, it's crucial to understand how financial responsibilities are handled when a marriage ends.


    👉 Read our full guide to find out what happens to debts during divorce in the UK and how to protect your financial future.

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  • FAQ: Can I get divorced in the UK if I or my spouse live abroad or own property overseas?

    Yes, you may be able to divorce in England or Wales even if you or your spouse live abroad or own international assets. 


    Check out our full blog here


    Navigating International Divorce

  • What should I consider when divorcing over 50 in the UK?

    Divorcing later in life can present unique challenges, including pension sharing, spousal maintenance, dividing property, and planning for retirement. It may also affect adult children and require updates to your Will and financial arrangements. If you’re over 50 and facing divorce, it’s essential to get expert legal and financial advice to protect your future.


    Read our full guide here:

    Click HERE

  • What are the top mistakes to avoid during a divorce in the UK?

    Many people underestimate how complex divorce can be. The biggest mistakes often include not seeking early legal advice, letting emotions influence decisions, failing to disclose finances fully, misusing social media, and not obtaining a legally binding financial order.

    Learn more
  • Can my ex take my inheritance in a divorce?

    Find out how UK courts handle inheritance in divorce settlements and what steps you can take to protect your assets in our full guide HERE

  • Can I apply for a divorce if I don’t know my partner’s address?

    Yes, if you have made reasonable attempts to trace your spouse, such as contacting relatives, friends, or employers, you can ask the court to dispense with service. This allows the divorce to proceed even if your partner cannot be found.

  • How long does a divorce take if my partner won’t engage?

    A typical no-fault divorce takes around 6–8 months. However, if your spouse ignores correspondence or avoids service, it may take longer while alternative service methods are arranged. The process cannot be stopped, however.


  • Can my partner stop me from getting a divorce?

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  • No, under the current law, your spouse cannot stop the divorce from being granted. They can only raise limited objections about jurisdiction or the validity of the marriage.

    No, under the current law, your spouse cannot stop the divorce from being granted. They can only raise limited objections about jurisdiction or the validity of the marriage.


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  • What happens if my partner defends the divorce?

    The case will go to a Family Court hearing, where a judge decides if the marriage has irretrievably broken down. Defended divorces rarely succeed.


  • Do I need a solicitor if my partner won’t agree to the divorce?

    It is strongly recommended. A solicitor can prepare the necessary court applications for deemed or substituted service and ensure all procedural steps are followed correctly.

  • Can social media posts really be used as evidence in a divorce?

    Yes, the courts in England and Wales may consider posts, messages, and screenshots if they are relevant and reliable. They are treated like any other form of evidence.


    Will the court look at my private account?


    The court will not usually search your private accounts, but anything from a private profile that is shared lawfully, for example, via screenshots from someone who can see it, can still be used as evidence and may be shown to the judge if it is relevant to the case.


    Can deleted posts still be used?

    Yes, even if a post has been deleted from your account, it can still be used if someone saved or screenshotted it before you removed it, and the court may accept those screenshots as evidence if they are relevant and can be shown to be genuine.


    Can social media affect financial settlements?

    Yes, posts showing high levels of spending, expensive holidays, or business activity may raise questions if they conflict with your financial disclosure. They may prompt further investigation.


    Should I stop using social media during my divorce?


    You do not have to stop entirely, but reducing activity is sensible. We recommend avoiding posts about the case, your former partner, your finances, and your children. Think carefully before sharing photos or updates until the case is concluded.

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