Anybody done a DIY divorce instead of using a solicitor?

Hornyrhino

Hi

I was wondering whether anyone has ever had any success with the DIY divorce kits you can buy or with a Divorce online website?

Im thinking about taking this road as a solicitor would be very pricey. I have been seperated now for over 5 years from my ex and so the divorce would be uncontested. The only problem I have is I have no idea where he is living and dont really want to know! Does anyone think this would cause a problem DIY wise?

Any help and advice appreciated!

Bossyboots

If you go to the Court Service website you can download the forms and instructions on how to complete them. It will also tell you what to do if you cannot find your husband to serve papers on him.

Becles

Don't buy the packages from Divorce Online. The forms are free from the courts or the website mentioned above and I found the court office staff very helpful.

You will need a contact address for your ex as correspondance from the court will be posted to him, but they may be able to help you.

DIY is a lot cheaper if it's a simple divorce and mine went though within a few months. The only bills I had to pay were the standard court fees.

Do consider getting a Financial Consent Order too. Even after divorce a partner can still make financial claims on your assets. If you had a big lottery win or inheritance, he may reappear to stake a claim. A Financial Consent Order prevents this as neither party can ever claim on the other again. It's sometimes called a Clean Break Order.

Hornyrhino

Thanks for your replies, you've both been really helpful!!

Jet

Becles,

Did you do the financial consent order yourself or get a solicitor to do that part?

Becles

I'm sure you can do it yourself when you submit the divorce papers but check with the court.

I didn't get one at the time. We verbally agreed to split assets so that I kept the marital home, and he got everything else and wrote me out of his pension. About a year after splitting, the house prices went crazy here and the value shot up. He wanted me to give him a five figure sum as he said the split was no longer fair (he'd cashed everything in and spent it and stopped the pension!). There was no way I could give him that as a house price rise on paper is not like having disposable cash in your pocket. I would have had to sell the house to pay him and I didn't see why I should have to do that. I had to get a solicitor involved to tell him to get stuffed, and took the financial consent order out then in case he tried asking me for money in the future.

Ever since, I've told people going through divorce to get one, so they don't have to go through the hassle that I did.

kazbabe

it costs about 250 to do the diy divorce.my partner is hopefully going to start his very soon. its 210 for the first part and then for the decree absolute its 30. this includes all the court fees papers etc.and as u have been apart 5 yrs it should go straight thro. i read somewhere that it should take about 17 weeks to complete if all goes to plan.

parley

hi my divorce has been made absolute this week and my partner wants me to fill in a document known as Form E voluntary or he said he'll lodge lodge an application to the Court for ancillary relief (what does that mean?). Can he do that after the absolute?

Bossyboots

parley wrote:

hi my divorce has been made absolute this week and my partner wants me to fill in a document known as Form E voluntary or he said he'll lodge lodge an application to the Court for ancillary relief (what does that mean?). Can he do that after the absolute?

Normally you would lodge an ancillary relief application before decree absolute.

I don't know why the term ancillary relief wasn't changed when they overhauled the language used in Court. Basically, AR is the divorce settlement. A Form E is a very long form which sets out everything single thing you each own, all bank accounts and savings, shares etc. The figures produced then form the basis for division of the matrimonial assets.

parley

Thanks Bossyboots, so filling the form E is the only way after the divorce is made Absolute. I am living in the house with our son, if I want to sell up, split the proceeds, can he refuse and what would be a fair way to split the proceeds as there's 2 of us and only himself as he doesn't want contact with his son. The house seems to be the only thing he has to argue over and I just want him out of our lives now and start fresh.

Bossyboots

parley wrote:

Thanks Bossyboots, so filling the form E is the only way after the divorce is made Absolute. I am living in the house with our son, if I want to sell up, split the proceeds, can he refuse and what would be a fair way to split the proceeds as there's 2 of us and only himself as he doesn't want contact with his son. The house seems to be the only thing he has to argue over and I just want him out of our lives now and start fresh.

The Form E is a useful tool for seeing what each other has but it is certainly not necessary if you can agree a settlement between yourselves. What would be a fair split depends on so many things though. Did one party provide the deposit, has the other put more money into the property etc. Also future pension payments can be brought into the equation. Does one party have substantially more earning capacity/savings than the other.

If you cannot agree it between yourselves then legal proceedings would need to be brought which will just result in money being swallowed up in legal fees. Ask him to put forward what he thinks is reasonable before completing Form Es. I wonder whether he is unaware of how big the form is and what it actually entails.