Divorce

justme111

Asking for a friend. How can one carry division of matrimonial assets without solicitors? They are still married and live in the same house. Would she have to apply for divorce first ?

jackieblack

You can't get a Consent Order sealed by the court until the Decree Nisi has been granted.


The court will want to see that both parties have taken legal advice on the agreement so you can't avoid solicitors completely, but some will deal with this for a 'fixed fee'.

Gloomendoom

My ex and I managed it without using solicitors at all.

justme111

Here husband does not want to even hear about divorce and will not move out

justme111

Gloomendoom wrote: »

My ex and I managed it without using solicitors at all.

I am glad for you two. The question is how to do it

Gloomendoom

justme111 wrote: »

I am glad for you two. The question is how to do it

I can't remember, otherwise I would have said earlier. It did involve discussion and agreement by me to restore my ex to the position, financially, that she was in before we married (it was a short marriage).

If one party is being uncooperative, it will probably make solicitors inevitable.

Edit: I've just been doing a bit of research and, so far, everything I have found states that a solicitor must be involved, so I'm not quite sure how we managed it.

justme111

Thank you. That's ok , I understands solicitor must be involved at some stage. I wondered how she could start it without at least to minimise costs. As husband is in denial now I thought if she started then it would given him a message she is serious about it and hopefully then they would reach an agreement with solicitors just ratifying it.

onomatopoeia99

justme111 wrote: »

Here husband does not want to even hear about divorce and will not move out

If she's serious, she can move out. No reason from what you've posted why he should be the one to leave the shared home if she wants her own space.

justme111

Indeed she considers it. They have 3 children under 12 though , one of them special needs of which she is a carer and she has hobby/business which would have to be dismantled resulting in harm to animals and her income if she was to move to emergency accommodation. She does not have enough income for private rental I think and she definitely does not have enough income for private rental that would give her an option to continue her lifelong business/hobby.

Gloomendoom

justme111 wrote: »

Thank you. That's ok , I understands solicitor must be involved at some stage. I wondered how she could start it without at least to minimise costs. As husband is in denial now I thought if she started then it would given him a message she is serious about it and hopefully then they would reach an agreement with solicitors just ratifying it.

If they can reach an agreement, they will save a lot of money.

Thinking back, we used an online service that provided the paperwork for us to sign and submit to the court. We didn't actually speak to anybody. It was a no argument clean break so relatively simple.

justme111

David , what would be the point of making life miserable for him? For him to get a hint and move out? Will not work in this case for many reasons , one of which is that life for her and children would be far worse with the atmosphere like it. When she spoken about divorce on one occasion he attempted to wake up children who were in bed to ask them who would they rather live with ! You get the idea. She sleeps in a living room already and he does not eat with them on most occasions as their diet is not to his preference
There are some details about him (known to everybody who knows them so it is not from her words only) that would fit unreasonable behavior undoubtedly. I do not want to give them here for privacy reasons (the world is very small) , just take my word for it. Question was how she can start asset division process as imo it is a clear case where he would have to move out on court order and house being sold once youngest is 18 at the end of it (or buy out one of their hose shares if they agree and at least one of them has money for it).So question is how to start a journey to that court order without solicitors, what is the process?