Divorce without a solicitor

monty-doggy

Has anyone ever done a DIY divorce?

My ex and I are divorcing, we have agreed that she can have the house, although I can't get my name off it as she can't get a mortgage, so she is living there with the kids and paying all the mortgage, currently interest only but she may switch to repayment in future. I'm happy for her to have it, including the equity from the deposit, as long as she does not default on the mortgage.

I'm told that I can force a sale if this happens as she has her new partner living there too.

There is 19 years left on the mortgage and so if she can't get it on her own before then it will be sold and she can keep the money (equity after mgt paid)

We already have a court order for the kids so don't need to do that.

Neither of us have anything else to divide and don't want to fight. We just want a divorce.

Been separated 6 years.

Can we do this ourselves, without paying solicitors? Or can I start it myself and if it gets difficult then get a solicitor?

Also any idea of costs involved?

Thanks

RAS

You can download the forms from the internet costs £380 fees to take them to the court. Then £45-60 ish to get the absolute. So that is easy without a lawyer.

You also need a financial settlement and are going to be asked if you have taken legal advice.

My major concern with what you have listed above is that you remain jointly and severally liable for the mortgage; if the place was re-possessed and sold at less than the mortgage and fees then YOU would be liable for the whole debt.

So you need legal advice and it may be a good idea to get something (deed of trust etc) written by a lawyer that covers your a%% if things hit the fan.

monty-doggy

I know I feel like I have no choice. She can't get the mortgage on her own, not enough income and shocking credit history. I can't get my name or responsibility off until the property is sold or she can get it on her own.

To force a sale makes my kids have to move into council housing, of which there is a serious lack of locally and at the min they live round the corner from me and school is walking distance, they are very settled.

Forcing a sale will also cost me a fortune, which I don't have,possibly more than I'd lose if the house were repossessed.

I don't think she will let that happen. She has really sorted herself out with her new partner and she knows how close she has come to losing the house in the past hence why it's now I interest only so she can afford it.

Does a financial order have to go through a solicitor?

RAS

A financial order has to go through the court. They will ask if you have taken legal advice and may not sign it off if you have not done so.

Go to wikidivorce and check things out.

Frankly, a few hundred getting a lawyer to write a deed that covers you would be money well spent. An essential insurance policy really.

monty-doggy

I've just found that site.
Will a legally drafted letter protect me from the debt of the mortgage should it go wrong? I thought this wasn't possible?

RAS

I have never done this so you need legal advice.

Gloomendoom

In your circumstances, I think you will be unlikely to get the financial order approved by the court without first taking legal advice.

My ex and I did a completely solicitor-less divorce but there were no children involved and no financial complications to take into consideration.

CustardAndPickles

Gloomendoom wrote: »

In your circumstances, I think you will be unlikely to get the financial order approved by the court without first taking legal advice.

My ex and I did a completely solicitor-less divorce but there were no children involved and no financial complications to take into consideration.

Same here - it was actually very easy and hassle free.

In relation to the mortgage, for the OP, has you both checked with the mortgage company to see if it can go straight across to just being in your ex's name and her sole responsibility?

double_mummy

i did one for a friend recently and the people at the court were amazingly helpful if you download the packs and fill them including the financial order one and take them up to the court and get them checked.

for a financial order you will generally need to have done some type of mediation but if you both agree i think you could probably miss that step

you dont need a financial order as you both agree you can get a consent order which is £45

why would it put the children into council housing if you are selling the property and giving her all of the equity?


the easiest solution would be to sell the house give her all the money from it and then divorce on the basis of more than 5 years separation and then you could be done in a matter of weeks rather than trying to faff about with financial orders seeing as you will still be liable for the mortgage if she doesnt pay it (oh and get a clean break order)

monty-doggy

CustardAndPickles wrote: »

Same here - it was actually very easy and hassle free.

In relation to the mortgage, for the OP, has you both checked with the mortgage company to see if it can go straight across to just being in your ex's name and her sole responsibility?

Yep they won't do it. She doesn't earn enough and bad credit history.

monty-doggy

double_mummy wrote: »

i did one for a friend recently and the people at the court were amazingly helpful if you download the packs and fill them including the financial order one and take them up to the court and get them checked.

for a financial order you will generally need to have done some type of mediation but if you both agree i think you could probably miss that step

you dont need a financial order as you both agree you can get a consent order which is £45

why would it put the children into council housing if you are selling the property and giving her all of the equity?


the easiest solution would be to sell the house give her all the money from it and then divorce on the basis of more than 5 years separation and then you could be done in a matter of weeks rather than trying to faff about with financial orders seeing as you will still be liable for the mortgage if she doesnt pay it (oh and get a clean break order)

The house was bought at the height of the market so despite putting £34k into it, it went into negative equity. It's just about recovered and is worth what's owing. I'm sure it will be worth more at the end of the term. She is living there for £284 a mont, she won't get anywhere that cheap, she knows this and on that basis won't agree to a sale.
She can't get a new mortgage due to hideous credit rating, we've looked at every option, and there isn't any way out without me forcing it and costing a fortune. Which I will do if she doesn't keep up payments.