DIY divorce

suestew

Myself and husband are separated no kids. We would rather not spend thousands on solicitors fees and want to do our own consent order. I know we have to get a solicitor to draw this up but we are trying to avoid a long drawn out divorce that costs thousands.

Can I download this form online or do we write down what we have agreed and take that to a solicitor?

Any advice would be appreciated

thanks

Tigsteroonie

Check out two guides from AdviceNow on this page:
https://www.advicenow.org.uk/going-family-court
Sorting out your finances when you get divorced
Apply for a financial order without the help of a lawyer

jackieblack

If you can agree the finances between you, you don't need to apply to the court for a Financial Order. (You only need to apply for a financial order if you can’t come to an agreement between yourselves.)

I did all our divorce paperwork myself and then, when we had the Decree Nisi, instructed a local solicitor to draw up a Consent Order for a fixed fee. I just gave him the details of what we'd agreed, he drew up the document, sent it to ex for him to sign and submitted it to the court.

The judge wanted confirmation that we'd both taken legal advice (ex took a free half hour to be told what he already knew, but it satisfied the judge).

trailingspouse

When I left OH we agreed the finances between us. He suggested that, as I'd left him, I should pay the divorce costs. I thought that seemed reasonable, so I did. All done and dusted for £450.

jackieblack

trailingspouse wrote: »

When I left OH we agreed the finances between us. He suggested that, as I'd left him, I should pay the divorce costs. I thought that seemed reasonable, so I did. All done and dusted for £450.

But if your finances weren't formally approved by the court, it's not 'done and dusted'.
The divorce and the finances are separate orders.

Rubik

21st Nov 18, 1:27 PM
You can apply for a divorce online using the official Gov.Uk site - https://www.gov.uk/apply-for-divorce

There is a mandatory court fee for the divorce application of £550. If you are on a low income, you may be eligible for a fee remission, either fully or partial. See here - https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

Remember, the divorce only dissolves the marriage, it doesn't resolve the finances or set out a financial settlement between you. For this you will need a consent order, even if it's a simple clean break one that will protect you (and him) from any future financial claims on each other. Wikivorce do a cheap consent order for about £139 + a £50 court fee.

Gloomendoom

My ex-wife and I managed to do almost the whole thing DIY. We did use an online service for the Consent Order. It cost around £120 IIRC plus court fees.

TBagpuss

jackieblack wrote: »

If you can agree the finances between you, you don't need a Financial Order. (You only need to apply for a financial order if you can’t come to an agreement between yourselves.)

I did all our divorce paperwork myself and then, when we had the Decree Nisi, instructed a local solicitor to draw up a Consent Order for a fixed fee. I just gave him the details of what we'd agreed, he drew up the document, sent it to ex for him to sign and submitted it to the court.

The judge wanted confirmation that we'd both taken legal advice (ex took a free half hour to be told what he already knew, but it satisfied the judge).

You did need a financial order, that is what your consent order is. You didn't need financial court proceedings!

OP, if you and your spouse can agree, then you can ask a solicitor to draw up an order which reflects what you have agreed, this should not be particualrly expensive (£100s rather than £1,000s)

There is no reason why, if things are amicable and agreed, it needs to be long and drawn out or to costs thousands.

You can do the divorce part yourselves, or if you want help, most solicitors offer a fixed fee, some will also offer an unbundled or pay as you go style service where you can pay for advice as and when you need it, rather than paying for them to do everything for you, which can be useful if you have specific questions.

jackieblack

TBagpuss wrote: »

You did need a financial order, that is what your consent order is. You didn't need financial court proceedings!

Yes, I didn't express that well - you only need to apply to the court for a financial order if you can’t come to an agreement between yourselves.

bouicca21

As others have said - did the divorce proceedings myself, agreed the financial split and then used a solicitor to submit that for a consent order. As long as you agree it's not difficult or expensive.

suestew

thanks all, ill have a look back on what you have advised