Cheap way to divorce after 2 years separated?

BatCat

Hi,
I'd really appreciate some help here. A friend of mine has been separated for about 2 years now. There's no chance of her getting back with her husband and they came to an agreement about how to split their property and deal formally with the custody of their child which is legally binding etc. so basically everything is sorted, but they are not actually divorced.
Anyhow, is there a cheap and easy way she could get a divorce? She basically wants it finalized but would rather not pay a lot of money for it.
Any ideas?
Thanks,
BatCat

headchef

Yes there is, but as my ex did the paperwork I'm a bit hazzy about it. He applied direct to the court for the paperwork, filled it in, I was sent a copy to fill in and return by a certain date etc. I remember having to agree to consenting to the divorce and agree that we had been seperated for 2 years. He paid the court fee which was about £50 to £75. As he was earning far more than me at the time, he didn't ask to split it!
Like your friend, we'd sold the house and divided the money. We had no children though so no maintenance to argue over. I could have 'claimed' for spousal mainenance but had enough to live on and just wanted to move on with my life. OUr marriage was relatively short though a 6 years.
We've often boasted that our divorce cost less than our marriage - which is more than can be said for some.
Tell your friend to get a book from the library - it outlines the process in there. It would also help cover off anything that may have been missed out over their finances etc (esp if they were married a long time - pensions play a more important role etc)

Rikki

If you are both agreed it is just a case of filling in the forms for the court and no need of a costly solicitor.

Bossyboots

The forms can simply be downloaded from the Court Service website. They need to be filled in and sent with the original marriage certificate and a fee of £210 to the local County Court. A Statement of Arrangements for the Children also needs to be completed and sent with the papers. The Court will then (when they get round to it) send a copy of the petition to the husband or wife, whichever one did not lodge the forms, with a copy of the petition and a form for completion confirming that the petition was received and there are some check boxes, one of which is that that person (the Respondent) consents to the divorce.

Once this is received back at the Court, they will send a notice to the Petitioner stating that the petition was acknowledged and the divorce is consented to. The Petitoner then completes an affidavit (the form for which should come from the Court with the above notice) which needs to be sworn in front of a solicitor, attaching to it the acknowledgement of service form and a copy of the statement of arrangements for children. This is then filed back with the Court and a date for decree nisi will be issued. Six weeks and one day after the date of the decree nisi, decree absolute can be applied for by completing another form and sending that with a 330 fee.

This can all take three months from start to finish if everyone acts on paperwork received immediately. Allowing for Court time though, it will take longer.

HOWEVER, the OP says that the friend has a legally binding document in relation to their finances. On what basis is it legally binding? Is it a formal consent order. sealed by a Court.

Most importantly, does it contain a clause, with the correct wording, that prevents either party from claiming against the other in the future. Without this, both parties are vulnerable to future claims including claims against wealth acquired since the divorce.

BatCat

Thanks very much for your advice folks! I have passed this thread on to her.