Advice on the cheapest way to Divorce

Mrs_Moc

Hi

Im hoping someone can shed some light on how I go about getting a divorce.

I have contacted a solicitor but been quoted £2K. Is there a cheaper way I can do this myself. Also realistically how long is it likely to take. I havent a clue how to go about this.

Many thanks in advance

Jake'sGran

I always thought the cheapest way was for one person to leave and then after two years a divorce would be automatic. The trouble is that you probably need your share of the value in the marital home and I believe this would involve having to use a solicitor. I did notice our local library had an excellent book on this subject or you could use the Internet. Just enter "cheapest way to divorce" in Google and there will be lots of articles on the subject.

If there has been any problem of cruelty either physical or mental I think it would be easier to get a divorce. It is getting more common now even with people who are over 60. It is something I have been interested in but too late now due to serious health problems.

Just remembered, you can have a 30 minute free consultation with a solicitor. Money seems to be the problem so naturally it is easier if you have some of your own for buying or renting somewhere to live. Also, have a word with your local council.

Mrs_Moc

I own my own home, which I know legally he is entitled to half, but he has no interest in my money or home due to the fact we have 4 kids. He has said this. I have already seperated and would really like the closure of Divorce asap. The marriage has ended due to his alcoholism and abusive behaviour. I didnt realise that would make divorcing easier.

I did try googling, but there was so much info it seems like a minefield. Also im in NI. so im not so sure what applys for me.

If I knew what forms I needed and where to get them, I could get the ball rolling. Is it a long difficult process or relatively easy?

Becles

He's not legally entitled to half your home. You need to total up all the assets - house, savings, endowments, pensions etc., then 50/50 is a starting point for the split.

If you are keeping the four children, you'll get a bigger share as you have to provide for them and it can limit your earnings potential. It could be 60/40 in your favour, 70/30, 80/20 etc.

You can also decide between yourself which assets you want to keep. For example, I gave up rights to claiming on my ex's pension in return for keeping the equity in the house.

If it's all amicable and you can decide it all yourselves, the process is very quick and simple. You need to go to the courts service website:
http://www.hmcourts-service.gov.uk/infoabout/divorce/index.htm
download the relevant forms and submit them. All you'll have to pay is the statutory court fees.

Make sure you get a divorce and a Financial Consent Order (Clean Break Order). The divorce just ends the relationship but you need the financial order so he can never claim on you again, or vice versa.

You can also pick up the forms direct from the family court office nearest to you. If you're struggling, then can help you fill the forms in but they can't give legal advice.

Hope that helps put your mind at rest a bit

Jake'sGran

This is excellent advice from Becles. As NI is part of the UK I'd have thought
the law regarding divorce was the same but not 100% sure. If he has been gone for two years or more and contributes nothing to the family I imagine you are in a good position to get closure quite quickly. Good luck!

Mrs_Moc

thanks, thats some great advice, hes only gone about 2 1/2 weeks lol.

I dont think he will be contesting it though. I've had a good read and know exactly now what I need to do, so thanks so much.

Caz3121

there is also a good forum http://www.ondivorce.co.uk/index.htm - you can post under community but plenty reading.
Not sure how NI varies, I divorced in Scotland where the finances are finalised before the divorce can happen, in England it seems to be at any point (and there have been scary stories of people divorcing and not sorting the finances out at the time....and 20 years down the line being hit)

Mrs_Moc

Thanks it really does seem daunting, I will have a look at the forum. :T

meltdown_point

Jake'sGran wrote: »

This is excellent advice from Becles. As NI is part of the UK I'd have thought
the law regarding divorce was the same but not 100% sure. If he has been gone for two years or more and contributes nothing to the family I imagine you are in a good position to get closure quite quickly. Good luck!

That should be true Jakes Gran....but its not the way over here
Laws passed in England are not laws here.....they are orders....and take a further two years to be passed!!

MOC is your ex in agreement with the divorce.....if not he can drag it out for 5 years.........will all your kids be under 18 then? sorry for the questions but they can be revelant!! As your hubby is an alcoholic (has he been seeking help?) he can have someone to act on his behalf....Ie from the court of care and protection as somecould say that he is incapable of making an informed decision....or his decisions can be easily swayed by another for financial gain...when he is drunk...

coco1980

Dont know if this helps but my mum divorced my dad a few years ago, it only cost couple hundred pounds at most and took couple of months from start to finish, he didnt contest and there were no assets to divide, we are in scotland and i dont know if that makes a difference.

NoahsPennilessMummy

I got divorced 4 years ago. Make sure the solicitor you see offers the free 30 min consultation as they dont all offer it for free.
As I only work part time and had a 2 year old child I was lucky enough to get legal aid and my divorce cost virtually nothing. The solicitor calculated my incomings and outgoings and told me I was entitled to it.