Will I have to attend court to get divorced?

A divorce is the process of legally ending a marriage and therefore documents do need to be filed with the court, however, this does not mean you will necessarily have to appear before a judge.

If both parties are agreeable to getting divorced and all matters relating to childcare arrangements and finances are also agreeable, this results in a straight forward divorce process avoiding the need for you to attend court in person. Most divorces are dealt with entirely by paper.

When might I have to attend court for a divorce?

There are a number of reasons why you may have to attend a court hearing for a divorce.

If both parties are unable to agree and the divorce is defended then you may both be required to attend court. When a divorce petition is issued by the court, the respondent, who is the person receiving the petition, will be asked if they intend to defend the proceedings. If the respondent then chooses to defend the proceedings and files a defence then the court would list the matter for a “Case Management Hearing” and all parties would be required to attend, if the matters are still not agreed then it will be listed for a “Final Hearing”.  However, defended divorces are likely to soon be a thing of the past as the government intends to bring in new system of no fault divorces. You can find out more about no fault divorces here.

Another reason could be due to legal costs. The person starting divorce proceedings can claim their legal costs back from the respondent. Your solicitor will be able to assist you in resolving any issues over costs in most cases. Unfortunately it is not always possible for both parties to reach an agreement, resulting in a judge having to decide at a hearing and both parties may be invited to attend. 

It is important to remember that even if you do have to attend court, family law proceedings are private which mean no spectators and no jury. The only people present would be both parties, their legal representatives, the judge and on rare occasions experts may be required.

Are finances and arrangement for children dealt with as part of my divorce?

Financial matters and arrangements for children are dealt with separately from your divorce. Like your divorce, these matters are unlikely to require your attendance in court if both parties agree the arrangements. In respect of financial arrangements an agreed order can be filed with the courts for the Judges approval in most cases without the need for parties to attend court.

Covid-19 and court hearings

The family courts are doing all they can to currently make most hearings remote via telephone or video calls. This unfortunately isn’t the case for all hearings so some may still have to take place in person. With the current pandemic and the need for social distancing it is even more reason to try and avoid your case going to court.

How can we help?

We recognise that each case is different and our advice and service is tailored to your individual circumstances. As members of Resolution, our experienced team are committed to resolving disputes in a constructive and non-confrontational way where possible. We will always work passionately to secure the best outcome for you so that you can get your life back on track.