do you need solicitor to get a divorce?

(8 Posts)
myangle Tue 12-May-15 01:33:52

Hi

My neighbour has been separated from.her husband for quite some time but never signed the divorce paper. she doesn't have much money, and when I spoke to her, she has heard there is a fee service from a place near to the courts. But when she went to ask, it wasn't. I was wondering if she needs to go to the solicitor to sign divorce papers, or can she just go online and print of a generic Form and send off somewhere.

Apparently the husband is happy to go along with this and there is no need to split assets . The children have all grown up too.

any advice was be most appreciated.

Thanks

FastWindow Tue 12-May-15 01:54:53

Yep, I did it all online. Was quite sad actually, how easy it was. There is a fee (can't remember, but it wasn't much, £100?) same thing, no contest etc.

You only need a solicitor if there is a disagreement. I assume your friend has a statement of separation from earlier.

babybarrister Tue 12-May-15 22:04:38

The divorce itself is very straightforward. It is the money on which your friend needs advice - is she sure that she does not want to claim on a pension even if there are no other assets? does she not own a house? Whose name is it in? Is there a tenancy? Whose name is this in? It is unlikely that there is nothing to deal with on the money side

myangle Wed 13-May-15 00:08:17

HI ladies,

Thanks for your message.

The house is hers and is in Her name. She is currentuly living there. Her husband does not have a pension.

that's all I know.

Is that okay to a get a simple divorce?

babybarrister Wed 13-May-15 17:35:11

No it is definitely not ok I am afraid. This is what happened to Vince Dale in Dale v Wyatt - he got the divorce, failed to sort out the money and a claim for money was made 20 years later. If your friend has the house it is in her interests to ensure that a financial order is made now so there can be no claims in the future

LotusLight Wed 13-May-15 18:01:37

Of course not okay. If she doesn't have a sealed consent order at any time in the future he can come after half the house even in 20 years time. It is absolutely vital they agree a final clean break now which says she keeps the house and that the court seal that by way of a court order. That is the problem that Eco millionaire had - he never had that done so decades later once he'd made millions his other half could come back for a huge slice.

Ah saw bb post - yes Vince Dale.
(Assuming England not Scotland here).

myangle Sat 16-May-15 18:38:24

Oh thanks. I didn't know anyone can do that. how horrible. Okay, I will tell her to go to the solicitors. thanks a lot.

myangle Sat 16-May-15 18:39:14

I hope you bratufiful ladies have a great weekend. Thanks again. smile

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