Divorce proceedings - myself?

Puzzledbubbles

Hi All,

Well the time has nearly come for me to be able to put the evil ex behind me - on the 11th of September i will have been away from the Mariatal home for 2 years.

Since im trying to be MSE I am going to complete the paperwork myself, a friend has passed me information from an online divorce site from a few years ago and i just wanted to make sure that the below is correct while i work out where to get £340 from!

Decide reason - 2 years seperation (although i would love to put adultery that would cause more pain and heartache than i want)

Complete Divorce precedings form D8

Take D8 form to court with Marriage Certificate and £300 cash

7 days later

Take form M84 (Application for directions for Trial) to court with the Acknowledgement of service and form M7(d) (after photocopying it for my records) and swear Affadavit

Wait for Decre Nisi

6 weeks and 1 day after Decre Nisi

Take form M8 - Notice of application for Decree Nisi to be made absolute to court and pay £40

Wait for decree Absolute to arrive

Heypresto divorce complete

Could anyone in the know let me know if that is correct or if im barking up the wrong tree?

Thanks much so

Puzzled x

gratefulforhelp_2

I don't know but have you sorted the finances? And are there children for whom arrangements need to be made?

Vomityspice

Ancillary relief? Matrimonial assets? Change wills?

These spring to mind.

mackemdave

You need to get a Consent Order drawn up and stamped by the court so that the finances are all sorted that will cost another £40 plus you may need to get a solicitor involved at this stage

Mrs_justjohn

I asked a similar question a few days ago

https://forums.moneysavingexpert.com/discussion/2653395

Not sure if anything on there will help?

Actually your detailed understanding is probably more helpful for me than my thread is to you...LOL

System

I take it your 'evil ex' agrees to this. If not then I think it needs to be either 5 year separation or the reason is adultery, desertion or unreasonable behaviour.

macman

There is only 1 ground for divorce, which is the irretrievable breakdown of the marriage. In the absence of other factors such as adultery, unreasonable behavour etc, that requires 2 years separation by consent (of both parties), or 5 years without consent.
So without your husband's consent you either have to prove adultery (or another factor) or wait another 3 years.

mookiandco

1) Read leaflets on HMCS website e.g I want a divorce what do I do etc

2) Complete Divorce Petition
(Use D8 Notes for guidance as a step by step guide. Ensure you use the correct wording and provide the correct information. If you get it wrong then you will cause huge delays and end up spending more money putting it right.
If you have children complete Statement of Arrangements form.

3) Sign the divorce petition and date it.

4) Make 3 copies of the divorce petition. Keep one for your records. Take 2 copies and the original to the court with your original marriage certificate and £300 cheque or cash.

5) Wait forever for court to issue it (usually a couple of weeks they wont do it there and then).

6) receive notice of issue from the court which confirms they have sent it to your ex.

7) Ex has 7 days (but you should give it 14 days before checking with the court) to return acknowledgement of service form to the court. As it is on 2 years seperation he MUST return this as it requires him to say that he agrees that you have been seperated for 2yrs. If he fails to return this you may have to change the fact you relied on. Again alot of time and money will be wasted if this happens. Even then if he fails to return it you will have to prove he has received it (usually through bailiff service) before the divorce can move on.

8) If acknowledgment of service is returned to court, the court will send it to you together with affidavit to complete (its mainly just yes or no questions e.g do you agree everythingn your divorce petition is correct etc. Take this to court and swear it (or to a solicitors firm where it will cost £5.00). You must attach the acknowledgement of service form and mark it 'Exhibit A'.

9) copy your affidavit for your records. Complete and sign application for Special procedure trial (basically where a divorce is uncontested you are applying for the court to grant decree nisi).

10) Take both above documents to court.

11) Wait endlessly for court to process above documents.

12) Receive document from court which gives you a date for Decree Nisi (usually about a month later)

13) receive Decree Nisi a few days after the date provided for in 12) above

14) Get your calendar out and mark 6 weeks and 1 day later in it

15) give consideration to whether you want a Consent Order for a Clean break (see a solicitor if unsure).

16) 6 weeks and 1 day later complete application for Decree Absolute and give it to the court with £40.

17) Twiddle your thumbs a bit and put the champagne on ice.

18) Kiss the postman when he delivers your Decree Absolute!

19) Frame a copy but make sure you keep original in a safe place in case you decide to marry again!!

20) Party Time!!


The court website isnt feeling very well this evening so I will try again when it is and put the appropriate forms/leaflets referred to above into my step by step guide!

Good luck!

Puzzledbubbles

Thanks for all the responses guys!!!!!

The ex said about 5 months ago that he would sign and would agree on 2 years seperation (although he can always change his mind?)

There are no children, no wills and no finances - he left me up to my eyeballs and i had to go bankrupt - there are no assets or anything left at all.

Just out of interest - what happens if he does sign the papers but takes ages to do it? He was married before and said he made his ex wait (he fed me lots of lies that im sure he will also be feeding to his current fiancee) so what would happen if he held the papers for a few months?

Thanks again!

Puzzled x

Puzzledbubbles

Mookie - thank you so much!!!!!!!!

Is there someone that we can ask about making your post a sticky so that everyone can see it from a search?

Thanks again!!!

mackemdave

mookiandco wrote: »

1) Read leaflets on HMCS website e.g I want a divorce what do I do etc

2) Complete Divorce Petition
(Use D8 Notes for guidance as a step by step guide. Ensure you use the correct wording and provide the correct information. If you get it wrong then you will cause huge delays and end up spending more money putting it right.
If you have children complete Statement of Arrangements form.

3) Sign the divorce petition and date it.

4) Make 3 copies of the divorce petition. Keep one for your records. Take 2 copies and the original to the court with your original marriage certificate and £300 cheque or cash.

5) Wait forever for court to issue it (usually a couple of weeks they wont do it there and then).

6) receive notice of issue from the court which confirms they have sent it to your ex.

7) Ex has 7 days (but you should give it 14 days before checking with the court) to return acknowledgement of service form to the court. As it is on 2 years seperation he MUST return this as it requires him to say that he agrees that you have been seperated for 2yrs. If he fails to return this you may have to change the fact you relied on. Again alot of time and money will be wasted if this happens. Even then if he fails to return it you will have to prove he has received it (usually through bailiff service) before the divorce can move on.

8) If acknowledgment of service is returned to court, the court will send it to you together with affidavit to complete (its mainly just yes or no questions e.g do you agree everythingn your divorce petition is correct etc. Take this to court and swear it (or to a solicitors firm where it will cost £5.00). You must attach the acknowledgement of service form and mark it 'Exhibit A'.

9) copy your affidavit for your records. Complete and sign application for Special procedure trial (basically where a divorce is uncontested you are applying for the court to grant decree nisi).

10) Take both above documents to court.

11) Wait endlessly for court to process above documents.

12) Receive document from court which gives you a date for Decree Nisi (usually about a month later)

13) receive Decree Nisi a few days after the date provided for in 12) above

14) Get your calendar out and mark 6 weeks and 1 day later in it

15) give consideration to whether you want a Consent Order for a Clean break (see a solicitor if unsure).

16) 6 weeks and 1 day later complete application for Decree Absolute and give it to the court with £40.

17) Twiddle your thumbs a bit and put the champagne on ice.

18) Kiss the postman when he delivers your Decree Absolute!

19) Frame a copy but make sure you keep original in a safe place in case you decide to marry again!!

20) Party Time!!


The court website isnt feeling very well this evening so I will try again when it is and put the appropriate forms/leaflets referred to above into my step by step guide!

Good luck!

Excellent post....