Any way for a quicky, inexpensive divorce?

vyle

My ex and I split up recently, but we were in a civil partnership. We're still living together, still good friends, but just wanted to take different paths through life.

The problem is that doing an OU course, and earning very little myself, I need to apply for financial support, and they ask if I'm I am living with a civil partner/partner/husband/wife etc as they take into account their earnings, too. I replied that I am not, as that is the truthfully. At the same time, in the eyes of the council's records, I am. So I suppose I need to file for a divorce, however everything I can find seems to talk about going to court, and it seems like a rather over the top way of doing something that we amicably agree to, as if divorce is only for acrimonious splits. Do I have to go through that process, or is simply saying "Yeah, we're separated now," enough?

mrskpickles

not sure if this helps, but i divorced my husband, completed a D1 (i think) form, and they then sent it to him, he signed it, and then sent it back, then the decree nisi was granted, and 6 weeks and one day later I was legally divorced, cost me nothing. No solicitors, no court, just forms, and I applied for the fees to be waived as I didnt earn enough, there is a online leaflet about whether you have to pay court fees. google it, or look on direct.gov.uk. its pretty easy to find, I wil see if I still have the link in faves. xx (not sure if a diff process for cp's

rubeccamatthews

oohh .... vyle you really have a critical kind of story.

Dunroamin

Even if you're divorced, you may still be considered to be living together for financial purposes, just as any couple living together might be.

Fire_Fox

I would formalise the situation, not necessarily a divorce but a formal separation and ensure as much as possible of your finances are separate, no more joint accounts etc. You ARE living with your legal partner, you are just not living together as a married couple, a formal separation would make this clear to the OU. You could be accused of fraud if you keep this casual.

vyle

mrskpickles wrote: »

not sure if this helps, but i divorced my husband, completed a D1 (i think) form, and they then sent it to him, he signed it, and then sent it back, then the decree nisi was granted, and 6 weeks and one day later I was legally divorced, cost me nothing. No solicitors, no court, just forms, and I applied for the fees to be waived as I didnt earn enough, there is a online leaflet about whether you have to pay court fees. google it, or look on direct.gov.uk. its pretty easy to find, I wil see if I still have the link in faves. xx (not sure if a diff process for cp's

A D1 form? I shall look this up, thanks.

rubeccamatthews wrote: »

oohh .... vyle you really have a critical kind of story.

Pardon?

Dunroamin wrote: »

Even if you're divorced, you may still be considered to be living together for financial purposes, just as any couple living together might be.

It asks for my partner's earnings. We're now just flatmates, pay our own bills etc, just happen to share the same roof.

Fire_Fox wrote: »

I would formalise the situation, not necessarily a divorce but a formal separation and ensure as much as possible of your finances are separate, no more joint accounts etc. You ARE living with your legal partner, you are just not living together as a married couple, a formal separation would make this clear to the OU. You could be accused of fraud if you keep this casual.

Indeed, that's exactly what I intend to do, although we never shared accounts in the first place, thankfully. I think both of our names are on the mortgage, which I may change, seeing as the flat is actually mine, but we knew that we both needed credit history just in case, for future purposes (loans, vehicle finance etc).

vyle

Okay, I must admit I'm doubly confused now... I can apply for a divorce or a legal separation. Both cost £340...that's crazy money.

I earn under 13k, myself, so it looks as if I'm able to do it for free, but as a couple we earn more than 18k, meaning we would have to pay... I'm just confused... would the court expect the single earnings figure, or the coule earnings figure?

why can't it be as simple as changing a facebook status *sigh*

daska

When I got divorced I was told that a legal separation isn't often used because for most people it involves the same as a divorce without accomplishing it - the most common use was for older people where a full divorce would have resulted in a loss of pension, inheritance rights etc.

Nicki

vyle wrote: »

why can't it be as simple as changing a facebook status *sigh*

Well it is. Unless you choose to get married or enter into a civil partnership because you want some degree of legal protection and to confer a sense of permanence on the relationship.

If you wanted a throw away relationship, why did you bother with the expense and palavar of encumbering yourself with legal rights and responsibilities when you could happily and legally have lived together without them for as long as you wanted, and gone your separate ways without any need for formalities afterwards?

daska

vyle wrote: »

I think both of our names are on the mortgage, which I may change, seeing as the flat is actually mine, but we knew that we both needed credit history just in case, for future purposes (loans, vehicle finance etc).

should probably point out that the flat isn't yours
a, you wouldn't have got a mortgage in both names without conferring some portion of ownership to him
b, it's an asset of the marriage

Fire_Fox

vyle wrote: »

Indeed, that's exactly what I intend to do, although we never shared accounts in the first place, thankfully. I think both of our names are on the mortgage, which I may change, seeing as the flat is actually mine, but we knew that we both needed credit history just in case, for future purposes (loans, vehicle finance etc).

As it stands the flat is not yours, it's a joint asset and the motgage is a joint liability. You can't just change the names on a mortgage, the lender will only agree if you can pay the full amount yourself and there is enough equity. At under £13K do you have that? There is no benefit to the lender, right now if you get behind on payments there are two people to chase.

Is there really no way you can have relationship counselling and find a mutual path through life as you intended when you had the civil ceremony? Or just split up properly and claim benefits until you can get a lodger to help with the mortgage (tax free income)? Seems to me you are making this more complicated than it needs to be.