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Divorce question

(6 Posts)
helpneeded01 Tue 11-Sep-12 11:07:58

Hi
Was wondering if someone could help me with a little bit of advice.

Me and hopefully soon to be ex husband separated over 2 years ago. We have no property together or separately, neither of us have any real money or assets etc, the only thing we did have was our car which is quite old now but I bought his share off him and he put all documents in to my name.

We do have a child together which we have arrangements in place for contact and the money he gives me etc and this has been fine for 2 years now.

Basically it's just the legal side of things we need to make official and we are considering completing the paperwork via the courts ourselves were sharing the cost etc due to it being so straight forward.

I would like to double check as there really is nothing that needs to be agreed etc and it's now just a case of making it legal is this a suitable way to do it or is there anything I'm missing?? I've read that DIY ones can be tricky but thought our situation may be a little different.

I've read about a clean break order which I think is a good idea, is it needed if we have no financial ties?? If so by doing it our selves what would be best way to have one drawn up by an online company or going to see a solicitor??? and when in the procedure does it need to be done?? At the start of the application or before we can proceed to the decree absolute?

Many thanks in advance smile

sneezecakesmum Tue 11-Sep-12 17:25:08

Have you done any divorce stuff? It usually goes : decree nisi : financial orders : decree absolute.

It is very unwise to sort any financial stuff out before the decree absolute.

Because you have a child involved I would see a solicitor to clarify things, visitation, residency and so on. There is nothing like face to face advice to clarify your individual circumstance. 'Resolution' have a website with lots of useful information and local solicitors who do family law.

There are solicitors who post on here giving useful advice but there is nothing like face to face advice, so I would bite the financial bullet and hopefully share the cost with your STBX smile

olgaga Tue 11-Sep-12 18:09:54

If you have children you will also have to fill in a Form D8A - Statement of Arrangements for Children. If you are both in agreement this will be a formality. You'll find all the information you need, plus the links to the documents you need to complete here:

www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/Endingamarriageorcivilpartnership/Gettingadivorce/DG_193735

TheFamilyLawyer Mon 24-Sep-12 17:55:46

if you are in any doubt as to your reight--sek legal advice.

owvre, if matters are agreed you cna issue divorce proceedimngs based on your two year separation. this can be done without a solicitor.

However, even though there are no finances to deal with now, you should always get a clean break order prepared. otherwise your financial claims against each other remain open. i worry that this is often overlooked by DIY divorcers.

see a good family solcitor about this...it needed be expensive and you and your ex could agree to split the costs?

TheFamilyLawyer Mon 24-Sep-12 18:02:45

apologies for the typos! it should have read
if you are in any doubt as to your reghts--seek legal advice.

However, if matters are agreed you can issue divorce proceedings based upon your two year separation. This can be done without a solicitor, although you may find it easier with one.

However, even though there are no finances to deal with now, you should always get a clean break order prepared. otherwise your financial claims against each other remain open. I worry that this is often overlooked by DIY divorcers.

See a good family solicitor about this...it needn't be expensive and you and your ex could agree to split the costs?

STIDW Mon 24-Sep-12 22:07:45

The actual divorce isn't too difficult to do yourself if you are prepared to do some research and form filling. Form D8 is available to download from the Ministry of Justice website along guides D183, D184 and a list of court fees EX50 or EX150. The basics are in the Which? guide to divorce (whatever it's called these days) and Lucy Reed's book "Family Courts Without a Lawyer."

If you can agree the finances between yourselves a lawyer can draft it into a consent order which dismisses all future claims and is legally binding once it's sealed by the courts. Most people will require a family solicitor to draft the order unless they happen to be family solicitor themselves. -;)

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