Divorcing - amicably but there is a child

fawntybits

Hi


I have been seperated for 5 years now and have a 6 year old to my ex.Everything,up to this point is amicable and we have both 'moved on'.However,if it is at all possible, we would like to get divorced as cheaply as possible i.e. I would prefer not to give lawyers any more money as between us we paid out around £1500 to legally seperate and this was with us agreeing everything prior to going to the Lawyers in the first place. I am not looking to cut any corners,but merely looking for advice if it is at all possible to do DIY. I left my ex the house and pay maintenance,we really just want to finalise things. To pay a lawyer another £1000 + when I am potentially going to be out of work this time next year and would rather be spending it on my Son,sends shivers down my spine !! I may have to grin and bear it,but thought I'd ask the question

Kimitatsu

If you have already legally seperated and have the documentation to show that then all a divorce through a solicitor will do is finalise arrangements for your child, if you are paying maintenance and have an amicable agreement for contact then I would think you would be ok.

If those contact arrangements ever broke down you would be back in court anyway, so it seems like you have a sensible outlook!

fawntybits

My Son means the world to me and that wouldn't happen,I just feel that I'd rather be spending money on him i.e. a holiday than spending it on lawyers bills.

Thanks for the advice

floss2

I would check on the HM Courts website for advice: http://www.hmcourts-service.gov.uk/infoabout/divorce/index.htm as you may find you can do the legal bit without a solicitor, but need one to rubber stamp the contact arrangements.

galvanizersbaby

Hi fawntybits

If you have already been separated for 5 years I would have thought it was just a case of agreeing who was going to divorce who and then getting the papers from the courts and starting the procedure on grounds of separation.

My ex and I did this and think it cost about 100 pounds in all - we never involved solictors as we have a shared care arrangement for our 2 (we are both amicable) which we documented on the divorce forms.
Think you would only need to involve a solicitor if there was anything to do with the child that you didn't agree on, which doesn't sound like the case with you

Think you can get the forms from the internet - good luck!

Mrs_P_Pincher

Hi

Previous poster is right. Get the forms off the internet or from the Court and do it yourselves. Court staff cannot give legal advice, but they can help you with the procedure if you get in a mess.

Good luck

Mrs P P

fawntybits

Is it different if the child is under 16 years old? Also I live in Scotland. I wasn't sure if I had to go through the courts due to this

Thanks again

aimex

As has been said you can get the forms from your local county court. Petition fee is £300 and thereafter £40 for filing for decree absolute and £40 for filing of consent order. you will need a solicitor to draw up the agreement reached between you re the financial issues and if you are in agreement re the children no court order necessary in that respect. You may be elligible for a reduction in court fees - there is an exemption form to fill out and you will see then.

you may also be elligible for legal aid, and if you are and the matter doesnt need to go to court then you wont need to repay your legal costs.

many solicitors offer free half hour advice which may be worthwhile?

x