Frequently asked questions

Does it matter who divorces whom?

Potentially, yes it does. But it need not. 

The disadvantages of not being the one to initiate the divorce are that:

• you can be asked to pay for the legal fees involved in the divorce – the court fees and the cost of preparing the documents (very roughly, £700 plus);
• the divorce might be based on your adultery or unreasonable behaviour, and particulars might be given;
• If the court grants the divorce and the details of the adultery or unreasonable behaviour have not been corrected, then you are stuck with them – the Court has made a finding of fact, and this could prejudice your position if accusations have been made about your parenting or about your financial life;
• If the divorce has started in a different country, you may not be able to use the English courts, either for your divorce, or for anything to do with your children or your money.