Best way to D.I.V.O.R.C.E... as quickly, painlessly (yes and as cheaply) as possible...

martin2345uk

So me and the husband separated in October 2019... it was all pretty amicable, as amicable as these things can get, but we're still married and I really feel we need to take care of that!

We owned a house together, that was sold last year and the proceeds split between us, we don't want to touch each others' savings/pensions etc, so really we just need the paperwork doing but I just don't know where to start, I have kind of been burying my head in the sand and not really thinking about it (middle aged divorcé was never part of my plans) but enough is enough.

I just don't know where to start... any advice would be very welcome

Thank you
Martin

sassyblue

Forgive me, but if it’s a civil partnership you will be 'ending your civil partnership', it is a difference of wording and the documents are slightly different too.

In October 2021 you can end the civil partnership if you have been separated for two years as long as you have consent of your civil partner which you say you do, and he will confirm that as part of the process.

More here: https://www.gov.uk/end-civil-partnership

if you’ve already sorted out finances and the marital home then you’d just need to end the civil partnership and apply for a final order which will list the steps you have gone through in financial negotiations and will also provide for a clean break in life and death.  There will be templates online to use if you wish to do all this yourself.

The law is different in Scotland and Northern Ireland too.

sheramber

https://www.gov.uk/divorce/file-for-divorce

martin2345uk

sassyblue said:

Forgive me, but if it’s a civil partnership you will be 'ending your civil partnership', it is a difference of wording and the documents are slightly different too.

In October 2021 you can end the civil partnership if you have been separated for two years as long as you have consent of your civil partner which you say you do, and he will confirm that as part of the process.

More here: https://www.gov.uk/end-civil-partnership

if you’ve already sorted out finances and the marital home then you’d just need to end the civil partnership and apply for a final order which will list the steps you have gone through in financial negotiations and will also provide for a clean break in life and death.  There will be templates online to use if you wish to do all this yourself.

The law is different in Scotland and Northern Ireland too.

Thanks - it's a marriage though not a civil partnership, I hope it's as simple as you describe here haha

martin2345uk

sheramber said:

https://www.gov.uk/divorce/file-for-divorce

Thank you for this - so we don't actually need solicitors and all that jazz..?

Interestingly it says under "adultery" that it has to be with a person of the opposite sex... but in my case he did it with someone of the same sex so I can't claim adultery!

sassyblue

martin2345uk said:

sheramber said:

https://www.gov.uk/divorce/file-for-divorce

Thank you for this - so we don't actually need solicitors and all that jazz..?

Interestingly it says under "adultery" that it has to be with a person of the opposite sex... but in my case he did it with someone of the same sex so I can't claim adultery!

Very odd piece of law isn’t it! 

Apologies I misunderstood your post as you mentioned a husband and signed off with 'Martin' 

pphillips

martin2345uk said:

sheramber said:

https://www.gov.uk/divorce/file-for-divorce

Thank you for this - so we don't actually need solicitors and all that jazz..?

Interestingly it says under "adultery" that it has to be with a person of the opposite sex... but in my case he did it with someone of the same sex so I can't claim adultery!

You only need solicitors to formalise a consent order relating to children or marital property.

I understand the reasoning behind being unable to petition for adultery in these circumstances is because senior judges could not come up with a legal definition of the act of adultery for persons of the same sex. 

martin2345uk

Hmmm I suppose so, still seems like a tiny bit of a loophole haha

Well, not to worry, it will have been 2 years in October so I guess we can just go down the desertion route...

Thank you everyone!

T.T.D

adultery wouldn’t apply now because it happened more than 6 Months from point of discovery anyways. 

Courts tend not to care too much of Why your divorcing. The application is pretty straight forward, if you’ve already split finances and your not interested in each others pensions then you don’t necessary have any assets to discuss at court. 

Sandtree

Divorce in itself is a simple process that just has certain waiting times. There is a set fee and no requirement for lawyers etc. You can tick any of the short tail options like adultery or unreasonable behaviour, the judge isnt going to care and no one, including you, will turn up anyway. 

Just be aware that without formally finalising financial agreements it does leave the door slightly open to a future claim being made... urban myth points the finger at the future lover of your ex who poisons their mind and makes them pursue your pension/savings etc. How often it happens in reality I've no idea... I've known serveral people do the bare minimum and the ex has never come out the woodwork later, even with two of them having substantial assets.

pphillips

martin2345uk said:

Hmmm I suppose so, still seems like a tiny bit of a loophole haha

Well, not to worry, it will have been 2 years in October so I guess we can just go down the desertion route...

Thank you everyone!

Desertion in rarely used as a ground for divorce because it is hard to prove that the mental intent to divorce was present throughout a 2 year period, I suggest you seek divorce on a different basis.