How to obtain a Divorce after 2 years separation?

Eonie316

Hi,

I wanted to get some feedback on the simplest way to begin an online divorce when separated for 2 years. My ex has agreed to go ahead with the divorce, but knowing a little more before proceeding would be great.

Thanks

Ian

RAS

Assuming England or Wales

You can download the documents from the Court's web-site and fill them in. Whoever takes them to the court pays the fees (about £380) or you could agree to share the cost. Absolute costs about £45, I think.

Do you have any children or assets (including pensions etc) that require a financial settlement? If so at least go and see a lawyer to find out what they think is reasonable and then go back and get them to check the details before you ask the court to agree.

If you fail to get a clean break and win the lottery or inherit, you ex can come back for a share later in life.

Eonie316

Hiya,

Maybe I should explain this better. We have lived separately for two years now and I have read online I can divorce her much more cheaply at a cost of around £70 online. She receives the paperwork, signs it and then it's presented to the courts, they confirm it based on our separation of two years and proof we have not lived together.

I just wondered if anyone else had divorced their partner this way and what to look out for when using this route.

Thanks

RAS

Why waste £70 doing it on-line when you can download the paperwork from the court web-site for free?

Which ever you do, you will have to pay the court fees, as well as the £70 charge for getting otherwise free documents if you go "on-line".

Court fees are £380 plus the fee for the absolute whether you engage a top lawyer or do it completely DIY.

Voyager2002

Eonie316 wrote: »

Hiya,

Maybe I should explain this better. We have lived separately for two years now and I have read online I can divorce her much more cheaply at a cost of around £70 online. She receives the paperwork, signs it and then it's presented to the courts, they confirm it based on our separation of two years and proof we have not lived together.

I just wondered if anyone else had divorced their partner this way and what to look out for when using this route.

Thanks

That price obviously does not include the court fees. The only way to avoid the court fee is for the person who submits the paperwork to be receiving certain means-tested benefits or to be very poor (in which case the fee is waived or remitted). Of course, you can pay as much as you like for a lawyer to get the forms and fill them in for you, but often there is no need.

katrina001

As others have said , that cost does not include court fees. The fees are £410 now, I have recently applied myself, no need to spend £70 for forms you can download.

See here -

https://www.gov.uk/divorce/file-for-divorce

peachyprice

Eonie316 wrote: »

Hiya,

Maybe I should explain this better. We have lived separately for two years now and I have read online I can divorce her much more cheaply at a cost of around £70 online. She receives the paperwork, signs it and then it's presented to the courts, they confirm it based on our separation of two years and proof we have not lived together.

I just wondered if anyone else had divorced their partner this way and what to look out for when using this route.

Thanks

The £70 is what those websites charge you for the pleasure of filling in the forms, which you can do just as easily yourself for £0.

There is no escaping the £410 court costs and £45 absolute fees. That is the minimum divorce costs. And there is no such thing as an online divorce.

littleme82

The court fees went up on 01 July 2013. The cost to issue a divorce petition is now £410 but this includes in advance the payment for the Decree Absolute (so its gone up £15 all in all).

You may be entitled to an exemption to the court fee - have a look at Form EX160 on the court website. If you are not entitled it may be (depending on circumstances) that your estranged spouse may be. With 2 years separation with consent there is no fault so it doesn't really matter who is the petitioner and who is the respondent.

RAS is quite right, you can download the forms for free. To pay £70 for someone to do this for you is a bit pointless!