Basics of getting a divorce and help with fees?

smiler34

Hi all, hoping somebody can help. I am looking at getting a divorce but am very confused with all the info online. I really don't know where to start. I would like to do this as cheaply as possible, we have already split money/belongings etc, there is no property involved but we have children together although maintenance and childcare arrangements are already sorted.

I think I might be able to get some help with fees so do I apply for that before doing the divorce paperwork or do I have to wait?

I can't really afford to see a solicitor about it but I'm not sure how to go about it.

Any (non-judgemental) advice greatly appreciated

Thank you

NeilCr

Is this what you mean?

https://www.gov.uk/get-help-with-court-fees

Do you both agree to the divorce? How long have you been married and apart?

Comms69

Try Wikivorce, which has a lot of great questions.


How long have you been separated?


If there's no contesting the divorce the fees should be limited to court fees, no need for a solicitor.

smiler34

Hi thanks for quick reply we both agree to the divorce and we have been separated for 1 year 8 months married for about 3.5 years

Thanks

NeilCr

General info here

https://www.citizensadvice.org.uk/family/ending-a-relationship/how-to-separate/getting-a-divorce/

Worth looking at the links too

Rubik

Another recommendation for Wikivorce- -oodles of help there wrt to completing the petition. The form you will need to apply for a court fee exemption is EX160 (guidance notes are available as EX160a) .

As you've not yet been separated for 2 years or more, you'll need to use Unreasonable behaviour as your "ground" -you'll need 5 examples of your spouse's behaviour during the last 6 months that you last lived together.

You should also wish top consider getting a simple clean-break consent order - although you've already done the practical sharing of money etc; the divorce only deals with the dissolution of the marriage, and doesn't deal with the money side of things. A clean break order would protect you both from any future financial claims from the other. Without a consent order, it is possible for one party to make a claim - even years after the divorce.

TBagpuss

A lot of family lawyers will offer a free first consultation. One option would be to fill in the divorce petition then you can see whether you have any questions you need to ask when you do see a solicitor.
FOr a petition at this time you'll need to use 'unreasonable behaviour' but this doesn't need to be very detailed, and while it does have to be saying that your ex behaved in certain ways which led you feel the marriage had broken down, (i.e. you can't say you both agreed, or that there were faults on both sides), there is no reason you ca't let your ex see the petition as a draft, if you want, so they are not taken by surprise.
You send the fee exemption off to the court at the same time as sending the petition. There is a calculator online so if you get a reduced fee rather than being eligible for a full discount, you would send the payment with the forms.

jackieblack

Rubik wrote: »

You should also consider getting a simple clean-break consent order - although you've already done the practical sharing of money etc; the divorce only deals with the dissolution of the marriage, and doesn't deal with the money side of things. A clean break order would protect you both from any future financial claims from the other. Without a consent order, it is possible for one party to make a claim - even years after the divorce.

This^^^^^
As we'd agreed the finances amicably between us, we just got a solicitor who did the Consent Order for a fixed fee. (We did the divorce without using a solicitor.)