Can I divorce this way?

TBagpuss

Yes, you can do it that way if you like.
Have a look at the divorce petition on the court website and read the notes, and decide which of you is going to start the divorce and on what basis.

Depending on your income, it may work out better for you to issue the proceedings than for your husband to do so, as, if your daughter is living with you, you may be eligible to pay a reduced court fee. (form EX160!).

For your financial order, it would make sense for you to get a bit of advice - is the 'small amount' your husband is paying yo for the house equal to or greater than 50% of the equity? Will it be enough for you to put down a deposit to buy somewhere?

You will both have to complete form D81 to summarise your financial positions and it may make sense to do that before you see a solicitor, that way, they will have a summary of the financial picture and can give you a bit of advice about it.

If you and he are clear about how you want to deal with the finances you can then get a solicitor to draw up the order for you.

It sounds as though he isn't paying very much towards child support - have you looked at either the Child Maintenance service calculator, or sat down and worked out what your daughter's expenses are? You and he are free to agree whatever arrangements you want, but it sounds as though you may be under-estimating what it would be reasonable for him to contribute, so do give some thought to whether to take another look at this.

Pensions - it would be sensible to both get transfer values for your pensions. If they have similar values then a clean break order can be written to simply allow each of you to keep your own, if it turns out that one is worth more than the other you may want to make a it of an .

But being willing to discuss it and come to an agreement s very sensible.

Greta_Sharbo

I have no wisdom to add but it's a nice change to read about it being handled so civilised and maturely.

Good luck.

jackieblack

Tigsteroonie wrote: »

Sounds as though you are taking a sensible approach.

I think one of you may still need to employ a solicitor, as I think the Consent Order has to be drafted by somebody experienced at doing so (in order to get the phrasing correct). But I'm not sure, hopefully one of the divorce specialists will be along this evening to advise (TBagpuss?)

Yes, this is what we were advised.
We agreed everything between ourselves and I found a solicitor to draft the Consent Order on a fixed fee basis. The judge wanted confirmation that we had both received legal advice on what we were each entitled to before he approved the CO.

You'll need to have the Decree Nisi before applying to the court to have your CO approved/sealed and this is legally binding once Decree Absolute is issued.

Cheeseface

I got the consent order and divorce package from an online company. My ex and I just signed it all and we presented it at the county court.

No lawyers or solicitors, cost a few hundred pounds.