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How much does a divorce after 10 years of separation cost?
The cost of a divorce after 10 years of separation in England and Wales typically ranges from £612 to £3,000+, depending on your circumstances and the level of complexity involved.
Costs can be reduced when the divorce is amicable and uncontested, both parties cooperate, and you have a valid address for your spouse. In these cases, a simple online divorce with minimal legal input can keep costs down, especially if financial matters have already been agreed upon.
Higher costs are more likely when there is no contact with your spouse, their address is unknown, or additional steps, such as tracing agents, process servers, or court applications, are required.
Costs also increase when there are disputes over finances, complex assets such as property or pensions, or when solicitor involvement is needed to resolve issues and formalise a financial settlement.
What affects the cost of divorce after a long separation?
The cost of a divorce after 10 years of separation is driven more by practical obstacles and legal steps than by the length of time apart. The key factors that increase costs are:
- Not having a current address for your spouse: The court must serve divorce papers, so missing contact details can require tracing agents, process servers, or court applications for alternative service, all of which add time and cost.
- Lack of cooperation or no contact with your spouse: If your spouse does not respond or cannot be engaged, you may need to take additional legal steps to move the divorce forward, which can increase complexity and fees.
- Unresolved financial ties between you and your ex: Dividing property, pensions, and assets requires a financial settlement, which must be approved by the court. If you cannot agree or cannot locate your spouse, you may need to make a formal court application, often involving legal support.
- Disputes or complexity in finances: Multiple assets, property, pensions, or uncertainty about what your ex owns can lead to prolonged negotiations or court proceedings, significantly increasing costs.
- Needing additional court applications: Applications for financial orders, alternative service, or enforcement all carry separate court fees and may require solicitor involvement.
How can I get divorced after 10 years of separation?
If you’ve been separated for 10 years, it’s common to feel unsure where to start, especially if you’ve lost contact or already moved on with your life.
Here is a step-by-step guide on the process you may need to follow if your applying for divorce after a long period of separation:
Step 1: Check if you are already divorced
If you haven’t had contact for many years, there is a possibility your spouse may have already finalised the divorce. Carrying out a final order (decree absolute) search can confirm your current legal status before you begin.
Step 2: Find out if you have a current address for your spouse
Having a valid address makes the process much simpler, as the court needs to send the divorce papers to them. If you don’t know where your spouse lives, you may need to:
- Instruct a tracing agent
- Use the last known contact details
- Use social media or friends/family to locate them
- Consider a process server or apply for alternative service
Step 3: Submit your divorce application
Once you have located your spouse, or you have made sufficient effort to locate them, you can apply online using a sole application. You do not need your spouse’s consent to proceed.
Step 4: Allow for the legal waiting period
After applying, there is a 20-week reflection period before you can move to the next stage. This is followed by applying for a conditional order, and then a final step to obtain the final order, which legally ends the marriage.
Step 5: Deal with your financial ties
Even after 10 years apart, you are still financially connected until you formalise a financial settlement. If you already have an agreement, this can be made legally binding with a consent order. If not, or if your spouse cannot be located, you will need to instruct a solicitor to help you apply to the court.
Why Do I Need To Divide Assets After a Long Separation?
After 10 years of separation, the division of assets in a divorce can be complex.
Without addressing your finances at the time of divorce, you leave yourself open to future financial claims. For example, if you start a successful business, buy a new property, or generate wealth from other avenues.
Marital assets may include property, savings, and investments, which are generally divided equitably, though not necessarily equally, depending on each party’s needs and contributions.
Non-matrimonial assets can be considered in a divorce if specific measures were not put in place before getting married, for example, signing a prenup.
In England and Wales, the court aims to reach a fair distribution, which considers both parties’ circumstances and the standard of living enjoyed during the marriage.
Key Takeaways
It’s crucial for individuals navigating divorce proceedings to approach the process with realistic expectations and a clear understanding of their rights and obligations.
Being separated for ten years does not guarantee a straightforward or inexpensive resolution, particularly when financial settlements and locating spouses are involved.
Divorce-Online are experts in helping couples achieve a quicker, stress-free, and easy divorce. Using our 20+ years of experience, our team will help you get divorced whilst having the legal knowledge you need to make important decisions around your finances.
To find out more about services, please call us for a free consultation or complete a quick form and request a callback.
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