Do I have to go to Court to get divorced?

A divorce is the process of legally ending a marriage and therefore some documents need to be filed with the Court. This doesn’t necessarily mean that you will need to appear before a judge.

Courts are used to resolve legal disputes and if you and your spouse can agree to the divorce then this can result in a straightforward divorce process and avoid the need for you to attend Court in person. In the majority of cases it is unlikely that you will need to appear in Court at any point in the divorce process and most divorces are dealt with entirely on paper.

However, if you are unable to agree matters then you may both be required to attend Court.

When might I have to go to Court?

You may need to attend Court when one of the parties does not agree with the divorce going ahead and defends the divorce.

When a divorce petition is issued by the Court, the respondent (the person receiving the divorce petition) will be asked whether they intend to defend the proceedings. If the respondent chooses to defend the proceedings and files a defence, the Court would then list the matter for a ‘Case Management Hearing’. All parties would be required to attend this hearing and if matters could not be agreed and the divorce remained defended, the Court would list the matter for a Final Hearing.

Another time where parties may find themselves before a Court is when the issue of legal costs and who pays them cannot be agreed. The person starting the divorce proceedings can claim their legal costs from the respondent. As solicitors, we would usually be able to assist clients to agree the issue of costs but this is not always possible.

Where an agreement cannot be reached as to who pays the legal costs, a Judge would decide the issue at the Decree Nisi hearing and the parties may be expected to attend the hearing. More recently, Judges have been happy to consider the issue of costs on paper by each party writing to the Court and setting out their respective positions. This can negate the need for the parties to attend Court in person. 

Financial matters and arrangements for children are dealt with separately to your divorce but if these matters cannot be dealt with by agreement then this may result in parties needing to attend Court. Court is usually always the last resort. An application to the Court is only required when all other avenues to reach an agreement have been exhausted.

Family law proceedings are heard in private so this means that if you did need to go to Court there would be no jury or spectators. Only you, your spouse, their legal representatives, the Judge and any required experts would be present at the hearings.

If you need advice tailored to your own personal circumstances then contact Harrowells’ Family Law Team who will be more than happy to assist.