SImple divorce vs financial settlement

badbunny42

Hi

I'm looking at getting divorced. Currently things are amicable and we have an agreed arangement financially speaking.

I'm looking at getting the divorce done cheaply using http://www.lowcostdivorcesolicitor.co.uk/ but does anyone know if this would affect any future financial settlements if we need to go down the legal route later on, or do we need to get all the financial stuff sorted now?

Thanks in advance

Ben

Newdirections

Hi Ben

I am not an expert on this, but I think if both parties are agreeable, you can go ahead and get the divorce, and then you need what is called a "clean break agreement" to prevent either party from claiming in the future.

I am not a professional on this though and i'm sure someone else will be along to clarify !

hazyjo

Are there kids?


If not, just sort it out yourselves, no need to involve solicitors (even online ones). You can fill out the forms you need to and send them to the courts (from memory). I've done it twice. If I can do it, anyone can do it lol!


Definitely sort the financials before divorcing if you can. I didn't and almost regretted it! My ex did involve a solicitor but I didn't for that.


Jx

Finst

I strongly strongly strongly advise you to get the finances sorted in a legally binding way. Divorces that start amicably rarely continue in that way.

To make the finances legally binding, you need either a consent order (where you both agree on the finances) or a financial order (where you can't decide and sk the court to rule). My understanding is you need a solicitor to draft the consent order.

On the website you linked to (which I have no knowledge of), the consent order is included in the "uncontested divorce plus finances" option.

TBagpuss

It is always sensibe to try to agree the finaces and for any financial agreement to be formalised by way of a court order.

Have you and your ex agreed on the finacial side of things? I'd suggest that you speakto a couple of local solicitors to get an idea of costs before deciding how to proceed. Many offer fixed fees and you may find that they are better, and not significantly more epxesive than using an online company, and you have the advnatage of being able to meet your adviser face to face.

If you are reasonably confident with filling forms in then you could do the divorce yourself (forms and leaflets are available fre on the court's website) and use the money saved to sort out the financial issues.

A lot of family solicitors offer a free intial consultation and it may be worth your while to use one of these in order to check whether there is anything in your personal situation which is likely to mean things are more complicated, and to check what the costs would be for them to deal with things for you.

badbunny42

Thanks everybody. We have agreed on finances, although we haven't had an official consent order made up because the costs seem to be quite high with local solicitors (up to a grand and a half) for the full divorce package. I was just wondering if going through a basic divorse now would complicate matters if things got less amicable in the future

TBagpuss

Probably not. An order can be made any time after the divorce, provided that you include a claim for the finances in the petition.

You do need to get the order sorted before you remarry, if either of you plans to do that, as you lose your right to clam once you get remarried.

However, the *delay* before getting a financial order can be a problem. If you can't agree, and end up going to court, the court looks at the assets as they are when the order is made, not at the time you separated, so although they can take into account what's changed, it does mean that if one of you has a change in financial circumstances it could affect the outcome.

jackieblack

badbunny42 wrote: »

Thanks everybody. We have agreed on finances, although we haven't had an official consent order made up because the costs seem to be quite high with local solicitors (up to a grand and a half) for the full divorce package. I was just wondering if going through a basic divorse now would complicate matters if things got less amicable in the future

I did all the paperwork for the divorce myself and just used a local solicitor for the consent order (fixed fee £350+VAT).
The court will want to see that both parties have had legal advice on the agreement before they will approve it.

ElusiveLucy

Go to the CAB and ask them. That's what I did. They gave me al the forms and told me what to do and I did it myself, no solicitors.

Floxxie

Plenty of information and advice (and the forms) on https://www.wikivorce.com.

The divorce side is straightforward in terms of filling in forms and getting the actual divorce. The financial side does require a legally drawn up Consent Order and it is worth paying a good solicitor money to get it correct. (I don't recommend the firms advertised on the wikivorce though - find a local one)

DigForVictory

No matter how amicable now, things will change as soon as either of you need to sort finances - a loan, a mortgage - anything where a not-joint financial situation will result in complications, delay & a high risk of loosing that amity.

It need not be expensive now, but ye gods it could be gruesome expensive (and not solely in GBP) time future, so nail it clearly & completely while you're still able to talk to each other without weapons.

All the very best.