Frequently Asked Questions
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- Consent Order FAQ
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- Order FAQ
- Pre-Purchase FAQ
- The Divorce Process
I have been separated for years and donāt know where my spouse is. Can I still start a divorce?
The court will always expect you to make an effort to locate your spouse before starting divorce proceedings. Sometimes, this may involve some social media digging or contacting your spouseās family or friends to obtain an address. We appreciate that this is not always possible so you may need to appoint a āno trace, no feeā process server to locate your spouse.
If you have exhausted every avenue trying to locate your spouse, we can apply to the court on your behalf and ask them to dispense with service. Please note that this is an additional application for which we charge Ā£150.
I have not fully agreed the finances with my spouse, can I still get divorced?
Yes, however, if you have chosen one of our managed divorces with a clean break or consent order, we cannot draft the order until both of you are in full agreement.
I have not received my welcome pack from Express Divorce. What do I do?
Please ensure you have checked your spam/junk mail to ensure it was not redirected from your inbox.Ā If you have not received your confirmation email and welcome pack within 2 hours of payment, please contact our customer support team.
I have young children. Do I need to agree who they are living with before I start my divorce?
Ideally, yes.Ā It is possible to start divorce proceedings without an agreement on living arrangements for the children, however, this can lead to arguments as the divorce progresses.Ā
Iām on a low wage. Do I have to pay the court fee?
If you are using a traditional paper application, you will need to complete an EX160 form. In the case of online application, you will need to apply for an exemption online and obtain a āHelp with Feesā (HWF) reference code.
Both the form and online application can be found here: https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
The online application is much quicker. If you are applying for an exemption with a traditional paper application, you should factor in the likely delay of several weeks.
There is often very little we can do to hurry the court along when it comes to decisions regarding court fees. Sometimes, applicants can find the money from family or friends to pay the fees up front AND recover it from the court at a later date. Please bear in mind that you have a maximum of 3 months after the date of the final order to request a fee refund.
What are the grounds for divorce?
There is only one ground for divorce - the irretrievable breakdown of your marriage.
What do I do if I married abroad and my certificate is written in a foreign language?
You will need a certified translation of your marriage certificate.Ā We have a list of approved court translators that we can appoint on your behalf.Ā Normally, a professional translator will provide a translated certificate within 72 hours.
What happens if I cannot find my original marriage certificate?
We can assist you with obtaining a replacement or you may want to contact your local Registry Office.Ā Replacement certificates normally take between 48 hours and 2 weeks depending on whether you use a private firm or your Local Registry to obtain the replacement certificate.Ā The cost of using a private firm varies depending on how quickly you want your replacement certificate.
What happens if my spouse doesnāt respond to my divorce application?
All of our services require good communication within an amicable situation. If the respondent does not reply to the divorce application we would request you seek legal advice and help to progress
What happens if my spouse is living abroad?
Provided you live in England and Wales, it is rarely a problem. Of course, you will need your spouseās foreign residential address for the purpose of serving the divorce application.
If you do not know the address, it is possible to appoint an international trace agent/process server to find out where your spouse currently lives. The cost and time varies from country to country although we have a list of approved process servers and can discuss this with you should the need arise.