Clean break divorce advice

32_Briggsy · 15 October 2019 at 3:37PM

Ok bit of background...

Me and my wife were together for almost 10 years - married for 3. We split in middle of 2017 (after she cheated) and have been separated for over 2 years now.

We took out a mortgage on a house that we both lived in for approx 5 years, which we sold last year and split the funds 50/50.

We have a 5 year old son together, which I pay my ex an agreed monthly maintenance fee into her bank account. I have worked it out that I have my son approx 100 nights a year. Things are pretty amicable between us. We have both moved on and are living with new partners. I have recently took out a mortgage on a property in my own name. We both in our mid 30s and have little pensions.

My wife contacted me over the weekend to say she is starting divorce proceedings, as we've been separated for over 2 years and that she needs my written consent to proceed. She's asked that I write a letter with my written consent and to sign and date it. As this is my first (and last) divorce and slightly hesitant on how to proceed. Do I need to arrange and contact a solicitor beforehand? I am willing to consent and I do want a divorce, I want it to be a clean break and as amicable as possible, as we have a child between us.

Any advice would be greatly appreciated.

lincroft1710 · 15 October 2019 at 6:38PM

32_Briggsy wrote: »

Ok bit of background...

Me and my wife were together for almost 10 years - married for 3. We split in middle of 2017 (after she cheated) and have been separated for over 2 years now.

We took out a mortgage on a house that we both lived in for approx 5 years, which we sold last year and split the funds 50/50.

We have a 5 year old son together, which I pay my ex an agreed monthly maintenance fee into her bank account. I have worked it out that I have my son approx 100 nights a year. Things are pretty amicable between us. We have both moved on and are living with new partners. I have recently took out a mortgage on a property in my own name. We both in our mid 30s and have little pensions.

My wife contacted me over the weekend to say she is starting divorce proceedings, as we've been separated for over 2 years and that she needs my written consent to proceed. She's asked that I write a letter with my written consent and to sign and date it. As this is my first (and last) divorce and slightly hesitant on how to proceed. Do I need to arrange and contact a solicitor beforehand? I am willing to consent and I do want a divorce, I want it to be a clean break and as amicable as possible, as we have a child between us.

Any advice would be greatly appreciated.

Employ a solicitor, well versed in divorce law.

MovingForwards · 15 October 2019 at 7:38PM

Head over to wikivorce as they specialise in divorce.

newbutold · 15 October 2019 at 9:48PM

You could do it yourself, I did when me and my ex husband got divorced. Wikivorce was a good source of information. The only thing I used a solicitor for was to draft the consent order for the clean break but I filed it myself with the court. I believe the court stipulates that this has to be drawn up by a solicitor so that it is in the correct legal jargon.

32_Briggsy · 15 October 2019 at 10:01PM

What sort of fees was that newbutold and how quick can it be drawn up?

kangoora · 15 October 2019 at 10:34PM

I hope you have an up-to-date will because, as it currently stands, if you were to drop dead tomorrow, your (soon to be ex-) wife would inherit the first £250k of your estate - then 50% of anything over £250k.

TBagpuss · 16 October 2019 at 8:59PM

It sounds as though at the moment she is only asking you to confirm your consent to a divorce based on 2 years separation, which is reasonable and doesn't commit you to anything beyond that.
In relation to finances, talk to a solicitor.

jackieblack · 18 October 2019 at 1:07PM

newbutold wrote: »

You could do it yourself, I did when me and my ex husband got divorced. Wikivorce was a good source of information. The only thing I used a solicitor for was to draft the consent order for the clean break but I filed it myself with the court. I believe the court stipulates that this has to be drawn up by a solicitor so that it is in the correct legal jargon.

Ditto
..........
...

32_Briggsy wrote: »

She's asked that I write a letter with my written consent and to sign and date it. As this is my first (and last) divorce and slightly hesitant on how to proceed.

Completely pointless and unnecessary.
If she files the petition you will get documents from the court to complete, sign and return. Any letter is irrelevant.

newbutold · 20 October 2019 at 8:21PM

32_Briggsy wrote: »

What sort of fees was that newbutold and how quick can it be drawn up?

I met with the solicitor and told him what me and the now ex had agreed, with regards to splitting our finances etc and he emailed the document over within a few days. He charged £200 plus vat for this. I lodged it with the court myself, found the form I needed on wikivorce and paid a court fee of around £50 I think. The solicitor offered to do it but at an extra cost. So aside from court fees, my divorce only cost £240 in solicitor costs.

Clean break divorce advice

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