Family

Online Marriage Dissolution

Our experienced Family Department offers specialist legal advice relating to all aspects of family relationship breakdown.  Through our online service you are able to complete the process to legally end your marriage/civil partnership without the need to formally instruct a Solicitor.

Factsheets available upon request

Flowcharts available upon request

You may use this service if you fulfil the following criteria:-

•·        You have been married or in a civil partnership for more than twelve months.

•·        At least one of you is domiciled and habitually resident in England and Wales.

•·        The proceedings are to take place in England and Wales.

•·        You have the address of your spouse to send the documents to.

•·        The proceedings will be undefended.

•·        You do not require face to face legal advice

The divorce documents may also be used if you wish to obtain a Judicial Separation.  Please note a judicial separation formalises your separation and you will remain legally married until such time as divorce proceedings are issued and finalised.

Funding

If you believe you may be entitled to public funding (formerly known as legal aid) please contact our Family Department who will be able to provide further information.  You may also wish to check your own eligibility for public funding using the Legal Services Commission's financial eligibility calculator. The following Court fees will need to be paid in connection with the divorce/dissolution proceedings:-

Petition Issue fee                                   £300

Swear fee for Affidavit              £5 plus £2 per exhibit

(if you have this sworn at the Court there is no fee)

Decree Absolute/Final Order                £40

Even if you are not financially eligible for public funding subject to your financial circumstances it is possible to apply for a partial/full exemption of the Court fees.  Please contact your local Court for the application form and details of the information and documents you will need to apply for this.

Additional documents

Before you are able to issue the Court proceedings you will need your marriage/civil partnership certificate.  If you do not have this you can obtain a copy from the Register Office for a small fee.  You will need to lodge the certificate with the Court when the proceedings are issued.  If your marriage certificate is not in English you will need to provide an official translation.

If you have changed your name since your marriage you may also need to provide the Court with a copy of your Change of Name Deed.

Online documents

This service contains all the documents you will need to file for the divorce/dissolution.  The total cost of this service is £300 plus VAT and the Court fees as set out above.  All the documents you complete will be thoroughly checked by a fully qualified member of the Family Department who will confirm if any changes are necessary before the document is approved and finalised and you lodge it with the Court.   Should the proceedings become defended, there are difficulties with service of the papers or any other matters arise we will be happy to help you, this extra advice and assistance will be separately charged.  We are also able to provide advice and assistance relating to children or financial matters arising from the separation.  Please contact our Family Department for further details.

Each form is also individually priced (inclusive of VAT) should you only wish to complete a single document.

Divorce

You will need to complete the following documents in order

 

Divorce

Petition

 

Statement of

Arrangements for Children

(if applicable)

 

Application for Directions

for Trial

 

 

Affidavit

for Divorce

 

Application for Decree

Absolute

Please see our flowchart (coming soon) and factsheet (coming soon) for further information. 

Divorce Petition                                                                                 £176.25         Buy Now

This document must be used to start divorce proceedings in England and Wales. It is not suitable if you wish to obtain an annulment.   You must also lodge your marriage certificate with the Court when you file the Petition.  There is a Court fee payable when the proceedings are issued. 

If the Divorce Petition is to be based on adultery you do not have to name the Co-Respondent and you are encouraged not to do so.  You will need to confirm when and you how became aware it had taken place and whether you believe it is continuing.

Note: If you only wish to ask for a contribution to your legal costs such as for your spouse to pay half of the total costs or half of the Court fees you will need to amend the document by hand once it has been printed.

Statement of Arrangements for Children                                         £82.25            Buy Now

This document must be used when you start divorce proceedings and there are any children of the family aged under 16, or aged 16 or 17 and at college/school or in full-time vocational training.  The children must have been born to or adopted by both you and/or your spouse or have been treated by both you and your spouse as a child of the family.  

Application for Directions for Trial (form D84)                               £29.37             Buy Now

Once the Acknowledgement of Service has been returned to the Court by your spouse confirming they are not going to defend the proceedings you must complete this form together with the relevant Affidavit to apply for the first decree, Decree Nisi.  The Court will consider this document and the accompanying Affidavit to decide whether you have satisfied the statutory grounds to obtain a divorce.  

Affidavit for divorce - all grounds                                                    £58.75            Buy Now

Once you have served the Petition and your spouse has confirmed in the Acknowledgement of Service the divorce will not be defended and/or they have provided any consent/admission you must use this document to provide a sworn statement ("Affidavit") confirming the details of your Petition.  There may be a fee to have your Affidavit sworn.

Note: If you only wish to ask for a contribution to your legal costs such as for your spouse to pay half of the total costs or half of the Court fees you will need to amend the Affidavit to specify this.

Application for Decree Absolute                                                       £29.37            Buy Now

If you are the Petitioner and the Decree Nisi has been pronounced use this document to apply for the final decree, Decree Absolute to legally end the marriage.  You must wait at least six weeks and one day after the Decree Nisi has been pronounced before making this application. There is a Court fee for this application. 

If the Decree Nisi was made more than twelve months ago the Court will require extra information with the application for the Decree Absolute. 

If you are the Respondent and the Petitioner has not applied for the Decree Absolute you may make this application after three months and six weeks has passed from the date of the Decree Nisi.  There is a Court fee for this application (currently £80) and a hearing may be required.

Once the Decree Absolute has been made both you and your ex-spouse will be able to remarry or entire into a Decree Absolute.  

Legally ending the marriage does not end your financial commitment or responsibility to your (ex)spouseThe ability to make financial claims against the other will remain until a final Order has been made in Court proceedings or by agreement and approved by the Court.   If you wish to discuss financial matters please contact our Family Department

Civil Partnership

You will need to complete the following documents in order

 

Dissolution

Petition

 

Statement of

Arrangements for Children

(if applicable)

 

Application for Directions

for Trial

 

Affidavit

for Dissolution

 

Application for final

Order

Dissolution Petition                                                                            £176.25                Buy Now

This document must be used to start dissolution proceedings in England and Wales. It is not suitable if you wish to obtain an annulment.   You must also lodge your civil partnership certificate with the Court when you file the Petition.  There is a Court fee payable when the proceedings are issued.

Note: If you only wish to ask for a contribution to your legal costs such as for your partner to pay half of the total costs or half of the Court fees you will need to amend the document by hand once it has been printed.

Statement of Arrangements for Children                                         £82.25                   Buy Now

This document must be used when you start dissolution proceedings and there are any children of the family aged under 16, or aged 16 or 17 and at college/school or in full-time vocational training.  The children must have been born to or adopted by both you and/or your civil partner or have been treated by both you and your civil partner as a child of the family.   

Application for Directions for Trial (form D84)                               £29.37                    Buy Now

Once the Acknowledgement of Service has been returned to the Court by your civil partner confirming they are not going to defend the proceedings you must complete this form together with the relevant Affidavit to apply for the first part of the proceedings, the Conditional Order.  The Court will consider this document and the accompanying Affidavit to decide whether you have satisfied the statutory grounds to obtain a dissolution. 

Affidavit for dissolution - all grounds                                               £58.75                   Buy Now

Once you have served the Petition and your spouse has confirmed in the Acknowledgement of Service they will not be defending the proceedings and/or they have provided any consent/admission you must use this document to provide a sworn statement ("Affidavit") confirming the details of your Petition.  There may be a fee to have your Affidavit sworn. 

Note: If you only wish to ask for a contribution to your legal costs such as for your spouse to pay half of the total costs or half of the Court fees you will need to amend the Affidavit by hand once it has been printed.  

Application for Final Order                                                               £29.37                    Buy Now

If you are the Petitioner and the Conditional Order has been pronounced use this document to apply for the Final Order to legally end the civil partnership.  You must wait at least six weeks and one day after the Conditional Order has been pronounced before making this application. There is a Court fee for this application. 

If the Conditional Order was made more than twelve months ago the Court will require extra information with the application for the Final Order. 

If you are the Respondent and the Petitioner has not applied for the Final Order you may make this application after three months and six weeks has passed from the date of the Conditional Order.  There is a Court fee for this application (currently £80) and a hearing may be required. 

Once the Final Order has been made both you and your ex-partner will be able to remarry or entire into a Final Order.  

Legally ending the civil partnership does not end your financial commitment or responsibility to your (ex)partnerThe ability to make financial claims against the other will remain until a final Order has been made in Court proceedings or by agreement and approved by the Court.   If you wish to discuss financial matters please contact our Family Department

We also offer fixed prices services. Click here for more information.

Crosse + Crosse Solicitors incorp Charles Hope & Co, 14 Southernhay West, Exeter, EX1 1PL
Authorised and Regulated by the Solicitors Regulation Authority - SRA number 45764
Tel: +44 (0)1392 258451 - Fax: +44 (0)1392 278938 - DX: 8313 EXETER - Email: mail@crosse.co.uk