FAQ's

Frequently Asked Questions

Ideally, yes.  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. 

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 ‘Help with Fees’ (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.
There is only one ground for divorce - the irretrievable breakdown of your marriage.
You will need a certified translation of your marriage certificate.  We have a list of approved court translators that we can appoint on your behalf.  Normally, a professional translator will provide a translated certificate within 72 hours.
We can assist you with obtaining a replacement or you may want to contact your local Registry Office.  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.  The cost of using a private firm varies depending on how quickly you want your replacement certificate.
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
Provided you live in England and Wales, it is rarely a problem.  Of course, you will need your spouse’s 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.
If one party refuses to sign a Consent Order in the UK, the situation becomes more complex, as a consent order requires mutual agreement. Here’s what typically happens if one party doesn’t agree to the terms and refuses to sign:

1. No Consent, No Consent Order

  • Mutual Agreement Requirement: A consent order is essentially a contract between two parties, and it requires both parties’ consent for court approval. Without mutual agreement, the order cannot be submitted or approved by the court.
  • Alternative Legal Action: If one party refuses to sign, the other party cannot unilaterally enforce the terms through a consent order. They may need to explore other legal avenues for resolving the dispute.

2. Options for the Compliant Party

  • Negotiate Further: The refusing party may have unresolved concerns or disagreements about the proposed terms. In this case, both parties can attempt further negotiation, potentially with the help of family law solicitors or through mediation, to reach mutually acceptable terms.
  • Apply for a Financial Order: If negotiations fail, the compliant party can apply for a Financial Order through the court (in cases of financial settlements). The court will review the case and make a ruling on the division of assets and financial responsibilities based on each party’s financial circumstances.

3. Mediation and Dispute Resolution

  • Mediation Requirement: In family law, mediation is often encouraged before escalating to court. Courts in the UK typically require proof that the parties have considered mediation before proceeding with a formal court application (unless there are specific exemptions, such as cases involving domestic abuse).
  • Cost and Time: Pursuing a court ruling without a consent order can be time-consuming and costly. Mediation offers a chance for both parties to agree on terms with the guidance of a neutral third party, which is often faster and less expensive.

4. Court Decision

  • Court-Imposed Settlement: If no agreement is reached and mediation fails, the court will ultimately decide on the settlement terms. This is often a less desirable option because it removes control from both parties, and the final decision may not fully satisfy either party’s wishes.
  • Binding Court Order: A court-imposed order will still be legally binding, similar to a consent order. However, it won’t be based on mutual agreement, which can potentially lead to further disputes or appeals if one party feels the decision is unfair.

5. Legal Advice

  • Advisability of Signing: If one party is hesitant to sign due to legal or financial concerns, consulting a family law solicitor can be beneficial. A solicitor can review the terms of the proposed consent order, ensuring it’s fair and meets their interests.
  • Counsel’s Role: Family law solicitors can also provide counsel on whether pursuing a financial order would be better suited to the individual’s situation.
In summary, if one party refuses to sign a consent order, they may need to engage in further negotiation, mediation, or proceed to court, where a judge will issue a binding decision on the disputed matters.
In legal terms, a Consent Order is a binding court order that formalizes an agreement reached between two or more parties in a dispute, without the need for a full trial or court judgment. It is often used to settle issues such as financial arrangements, child custody, or business disputes, where the parties prefer an amicable resolution approved by the court. Here’s a breakdown of a consent order in legal terms:

1. Nature and Purpose

  • Mutual Agreement Formalized: A consent order records the mutually agreed terms between the parties in a legally enforceable document. It’s essentially a compromise that has been voluntarily reached and is then submitted to the court for approval.
  • Court-Approved Agreement: Once the court reviews and approves the consent order, it becomes legally binding, providing the same legal force as a court judgment. The court’s role is to ensure the terms are fair, reasonable, and in compliance with the law.

2. Key Legal Elements

  • Binding and Enforceable: A consent order is enforceable under the law, meaning that if one party breaches its terms, the other party can take legal action for enforcement.
  • Avoids Full Litigation: A consent order allows parties to resolve disputes without a full court hearing, reducing the time and cost involved in litigation. This is often beneficial in cases where both parties seek a private and amicable settlement.
  • Requires Court Approval: While it’s an agreement between parties, a consent order only becomes effective once a judge reviews and approves it. The court must ensure that the agreement is fair, particularly in cases involving financial or child arrangements.

3. Common Uses in Law

  • Family Law: Consent orders are frequently used in divorce or separation cases to settle financial arrangements, asset divisions, spousal support, and child custody arrangements. The order ensures that the agreed terms are legally binding, providing clarity and finality to the parties involved.
  • Business Disputes: In commercial or civil cases, consent orders can resolve disputes over contracts, debts, or intellectual property rights, helping to avoid lengthy litigation while ensuring compliance with agreed terms.
  • Debt Settlements: In debt recovery, consent orders may be used to formalize payment plans or other settlement terms, which both parties agree to as an alternative to court-imposed orders.

4. Process of Obtaining a Consent Order

  • Negotiation: The parties involved negotiate the terms of the settlement, often with the assistance of legal representation or through mediation.
  • Drafting and Submission: The agreed terms are documented, and a draft consent order is prepared. This document is then submitted to the court for approval, along with a brief summary of the case.
  • Court Review and Approval: The court examines the consent order to ensure it is fair, reasonable, and in accordance with the law. If the court is satisfied, it approves the order, making it legally binding.

5. Legal Effect and Consequences

  • Enforceable as a Court Order: Once approved, a consent order has the same authority as any court judgment. If one party fails to comply, the other party can request the court to enforce the order, which may result in fines, garnishment, or other penalties.
  • Finality and Restriction of Future Claims: A consent order generally restricts the parties from bringing further claims related to the resolved matter. In family law, for instance, a financial consent order is often a “clean break,” preventing future financial claims between the parties.
In summary, a consent order is a court-approved agreement that resolves a dispute by formalizing mutually agreed terms in a binding legal document. It provides the parties with a legally enforceable framework for resolving issues, giving the order finality while avoiding the complexities of a full court case.
Resolution is a leading organisation of family law professionals who follow a Code of Practice promoting a constructive, non-confrontational approach to divorce and separation. Its members are committed to reducing conflict and helping families find fair solutions. By choosing a Resolution-affiliated service like Express Divorce, you can be confident that your divorce will be handled with professionalism, integrity, and a focus on positive outcomes. You can find out more about Resolution at www.resolution.org.uk. Our solicitor is a highly experienced family law specialist and a long-standing member of Resolution. With many years of expertise in managing divorces and drafting financial orders, he is committed to upholding Resolution’s principles, ensuring that every aspect of your case is handled with care, fairness, and attention to detail.