Am I a candidate for DIY divorce?

trickysituation

Hi all,

I split from my wife nearly 3 years ago now. We have no children between us. We've both moved on, have new partners and children with them. I wouldn't say it was amicable but we haven't spoken for 2 years or more. Neither of us have contact details for the other person.

Either way though I'm fairly sure she'll want to divorce. And financially, I'm not interested in making any claims. She'll not have any claims over myself either as I liquidated my business and declared personal bankruptcy over a year ago. I have no assets or money and nothing from the marriage.

Therefore I'd assume it's all pretty simple whether we're amicable or not.

A candidate for DIY Divorce so you think?

TonyMMM

It sounds very straightforward but not unless you can find her and get her to agree. In today's world of social media it isn't usually that difficult to find people - look for friends, relatives, old workplaces etc.....anyone who may have her number.

To divorce without her consent - you need to have lived apart for 5 years.

jackieblack

Anyone can do a DIY divorce (https://www.gov.uk/divorce/file-for-divorce), it's the financial agreement that needs legal input. Even if there are no assets to divide up you need a court sealed agreement to prevent any future claims.(https://www.gov.uk/money-property-when-relationship-ends/overview)

hazyjo

I've done it twice - it's very straightforward, and much cheaper! Definitely sort the financials (as jackieblack says), but the rest can be done DIY.


Jx

trickysituation

Oh I know where she lives, that's no problem.

Can I get the financial stuff sorted out without a solicitor? There must be some standard paperwork for if both parties agree to no future financial claims no?

anna_1977

there are forms online to complete for the divorce and i believe the financial order stuff can be found online too
Much easier and cheaper

jackieblack

trickysituation wrote: »

Can I get the financial stuff sorted out without a solicitor? There must be some standard paperwork for if both parties agree to no future financial claims no?

The court will still require both parties to have taken legal advice before they will approve any agreement.
I was told DIY Consent Orders are pretty much automatically rejected as a matter of course. Many solicitors will draw up the CO on a fixed fee basis if you have agreed everything yourselves.

Vodkalass75

jackieblack wrote: »

The court will still require both parties to have taken legal advice before they will approve any agreement.
I was told DIY Consent Orders are pretty much automatically rejected as a matter of course. Many solicitors will draw up the CO on a fixed fee basis if you have agreed everything yourselves.

When my ex & myself sorted out the finacial side of things( 7 years after our divorce) I did not seek legal advice or have a solicitor as I didn't want his pension etc didn't need the cost & he has always paid maintenance for our boys. Had no problems with it going through the courts.

jackieblack

Vodkalass75 wrote: »

When my ex & myself sorted out the finacial side of things( 7 years after our divorce) I did not seek legal advice or have a solicitor as I didn't want his pension etc didn't need the cost & he has always paid maintenance for our boys. Had no problems with it going through the courts.

FWII I think this has changed in the last few years
https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order

Vodkalass75

jackieblack wrote: »

The court will still require both parties to have taken legal advice before they will approve any agreement.
I was told DIY Consent Orders are pretty much automatically rejected as a matter of course. Many solicitors will draw up the CO on a fixed fee basis if you have agreed everything yourselves.

jackieblack wrote: »

FWII I think this has changed in the last few years
https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order

Sorry perhaps I wasn't clear enough, he had a solicitor, I didn't & it was around the start of 2015

Gloomendoom

I have a consent order approved by the court.

I didn't use a solicitor to draft it. It was back in 2005 though.