The Most Commonly Asked Questions About Divorce

Divorce is a topic that many people find difficult to navigate or talk about, and as such it can be hard to know what information is true and who to turn to for help and guidance. Naturally, of course, the best place to start is with a team of divorce lawyers! In this article, we’ve provided reliable and up-to-date answers to some of the most commonly asked questions we receive around divorce to catch you up to speed.



1. How Much Does a Divorce Cost?

What many people don’t realise is that divorce on its own is rarely expensive, and it tends to be that the majority of costs are accrued from resolving matrimonial finances. The cost of resolving these disputes will depend on how complex the financial situation is and how much of a disagreement has occurred. We often see big celebrity divorces played out in the tabloids and despair over the thousands of pounds being spent on the proceedings, but much of this will relate to the disentanglement of their finances.

To help you gain a better understanding of what you could be paying for a divorce, it’s important to break down the process into two main costs: solicitors’ fees and disbursements. Solicitors' fees will vary depending on the experience of the divorce lawyer, although some will offer fixed rates.

Disbursements are the expenses incurred by a solicitor whilst completing work on behalf of their client. With regard to divorce proceedings, in most cases this will simply refer to the divorce application fee charged by the court, which is £593. Additional disbursements that could apply include obtaining a replacement marriage certificate, or organising for the translation of the marriage certificate if the wedding took place abroad.

2. How Long Does a Divorce Take?

Every divorce case is completely unique, and as a result the length of time it takes to be finalised can vary greatly. If it’s uncontested and there are no financial disputes to resolve, or both parties are mutually agreed in their separation, then the proceedings can be resolved within a few short months. However, if there are any financial disputes to resolve - if pensions are involved, for instance - it can take much longer.

It is also worth noting that the divorce timeframe is heavily contingent on how quickly the courts are dealing with divorce cases at that given time. If they are receiving a large volume of cases, for example, it could take significantly longer. That being said, a straightforward divorce with minimal holdups takes approximately six months to resolve from start to finish.

3. How Many Marriages Actually End in Divorce?

The divorce rate in Scotland is approximately 33%. If you’re feeling troubled over your divorce proceedings, it's important to remember that you are not the first person to get divorced, nor shall you be the last.

4. Who Gets Custody of Children in a Divorce?

When a couple gets a divorce, the preference for a majority of parents is to have a shared care arrangement. This means that your child(ren) will spend a fairly balanced amount of time with each parent, with both parents playing an active role in their day-to-day care. Sometimes, for practical reasons, this arrangement cannot work, and one parent will be granted a ‘live with’ order which specifies where the child lives. Unless a live with order is agreed between both parties, an application will have to be made to the court.

5. How Can I Get a Quick Divorce?

There is no such thing as a ‘quick’ divorce in Scotland - there is a long-standing process that has to be adhered to, and has built-in timeframes that every divorcing couple must follow. While divorce is an often unpleasant process that you want to get over and done with quickly, it’s important to be realistic about the scale of the process that you’re about to go through.

6. What’s the First Step in Divorce Proceedings?

The first step following a separation should be to obtain independent legal advice from an experienced divorce lawyer, who will be able to discuss with you the process, arrangements for children and matrimonial finances. In addition to going over the practical implications of separation, it’s important to have an understanding of the process you’re about to undertake, so consulting with your legal representative should help to clear up any misunderstandings that you may have.

7. Are Divorce Records Made Public?

In the UK, while the divorce files held at court contain the marriage certificate, divorce petitions and copies of the final order, the only document made available to the public is the latter. Many people in the midst of the divorce process worry that if they file for a petition for unreasonable behaviour that the details of this petition will be made accessible to the general public, but this isn’t the case. This means that only the two people involved, as well as the Judge, need ever know what was contained within the petition.

8. Can Divorce Proceedings Be Halted or Stopped?

Divorce proceedings can be put on hold both before or after decree nisi, or the provisional decree of divorce. If you have a petition in court that you simply wish to be halted, you can always ask the court to amend this at a later date if it has not been withdrawn. However, if you have put a petition into the court but wish to withdraw it and halt proceedings altogether, then an application can jointly be made by both parties to dismiss the case. If decree nisi has been reached, you should ensure that you are aware whether you want to withdraw and dismiss the proceedings altogether, or simply put them on hold whilst you investigate the possibility of a reconciliation. If you have waited more than a year after the decree nisi has been granted, again an application will have to be made so that the court is aware of any changes in circumstance.

9. Can Divorce Settlements Be Reopened?

It is exceedingly difficult to reopen a financial divorce settlement once it has been approved by the court with a seal. There are specific criteria when it comes to reopening a financial settlement: if there has been an instance of fraud of material misinterpretation. The case law with regards to this is very clear, but if someone has made a representation upon which the other party has relied and it turns out to be totally incorrect, and thus would have made a difference to the settlement had the correct position been known at the time, then the court can reopen the case.

10. Can Divorce Papers Be Serviced By Email?

Yes, divorce papers can be served by email, provided that a read receipt is obtained and evidence can be presented to the court unequivocally that the recipient has actually viewed the divorce papers. It’s prudent to be served divorce papers by both post and email so that if necessary, a statement proving service can be delivered to the court. If a court is in any doubt that the other person has not received the divorce papers, or if the acknowledgement of service is not completed, then the onus to prove service falls on the person seeking to rely on it.

Seek Further Advice from a Legal Representative

If you have any more questions regarding the divorce process, contacting an experienced divorce lawyer is the best option. At DJP Solicitors, our team is always on hand to provide guidance for those navigating a separation. Acting as your legal representative, we can help with anything from a divorce settlement to child residence or contact disputes. We have a great understanding of the field, so know the best ways to approach all kinds of disputes and settle them out of court if possible.

We aim to help minimise the stress that goes along with the end of marriages and make it as easy as possible to move on to the next stage of your life. We can help negotiate financial settlements and child custody, with our priority to make you as happy as possible with the outcome.

So if you’re looking for “family solicitors near me”, get in touch today for a divorce lawyer from DJP Solicitors.