DIY Divorce?

[ChairmumSupermum]

H and I have been separated for over 18 months now. He has a new girlfriend and wants to press on with the divorce.

When we split we agreed custody, split savings and furniture / car and everything has been amicable. We've now agreed the only remaining thing and will split the equity in the house 50:50.

We had hoped to do a DIY divorce but wikivorce said this wouldn't be possible with children under 16. Does anyone know if this is true and if so, why?

Thanks in advance!

[mumblechum1]

The divorce is the easy bit, ie getting a decree absolute. You can download the forms from the court service website and do that part yourself, but don't apply for decree absolute until the finances are properly sorted out.

The thing you need to be very careful about is money. If you and he earn the same and have the same pension provision and the same housing needs, then a 50/50 split may well be appropriate.

If not, then you really do need to take independent legal advice to ensure that you aren't ripped off.

[ChairmumSupermum]

Thanks for your reply

Although he does earn more than me I'm happy with 50:50 because he put an inheritance into the house a few years ago.
As it is, 50% of the equity is less than the inheritance. It just feels fair and we have been managing to be fair so far and I'd like to keep it that way!

[STIDW]

In Scotland you aren't eligible to divorce in Scotland under the Simplified Procedure if there are children under 16 and/or outstanding financial matters to settle. You would need to use the Ordinary Procedure.That involves applying by writ and you will need a solicitor to draft one. Matrimonial property is usually split 50:50 here.