Have posted in relationships previously regarding my long marriage and the EA/control. Following a messy separation which includes leaving the family home with our children and me having to attend court as a witness I am now looking to move forward some more.
I can't afford a solicitor to assist with divorce proceedings so am looking at completing and submitting all papers required myself. Please could someone give me a summary of how this all works, is the paperwork straight forward, how long the process takes and cost to submit papers to court.
Hi, sorry about the breakdown of your relationship.
You can get the divorce petition and statement of arrangements for children forms from your local County Court who will also give you guidance sheets to help you complete them. You will need your marriage certificate (not a photocopy) and this is filed at the Court with the papers when you issue. You need two copies (or three) if you want to keep a copy for yourself.
Complete the forms and take to the Court office with the marriage certificate and cheque for petition fee (I think this is currently £340).
The Court will process the papers and the petition will be issued and a copy sent your your husband who will then need to complete and return the acknowledgement of service form. (If he doesn't there are steps you can take to progress the matter). Once that is received, the Court will send it to you and you then need to do your affidavit in support of petition (again, the Court office can give you these)
You then submit this paperwork and in due course (varies from Court to Court) will will get a notice of date for the pronouncement of Decree Nisi (the first of 2 decrees) - you do not need to attend Court for this.
6 weeks and 1 day later you can apply for DN to be made absolute (although please seek advice before this as best to resove finances first). There will be another fee to pay then (think £40 or 50)
Assume you are intending to issue on his unreasonable behaviour?
Yes, you can do this. You need to take control which you are doing by issuing. If he arses around and refuses to return the acknowledgement of service form then you'll simply need to get him served personally. Will add to costs a bit but he won't be able to ignore it forever.
Before the divorce is made absolute, as Mos said you need to consider finalising the finances. It is this IMO which delays and causes costs whilst letters go back and forth arguing, stalling, evading and avoiding a settlement.
I did a DIY divorce. Straight forward and only the required court costs. It was also fast as I wasn't waiting on a third party (sol) to proceed.
Start planning the financial split ASAP is my advice. There are various sites online which give you calculators to help you DIY. He then has to agree or consent to get it put into a legal doc called a consent order. Judge has this before the absolute...seals the deal and on you go. Simple...
If it doesn't agree then it will need to be decided in court. You need advice on this bit. Still possible to proceed DIY but get good advice (off here perhaps?)
Hi Sorry to jump on your post bexsybooboo but I'm looking to do a DIY divorce to and had a question lol
We have been separated for 3 years and have nothing financial to separate no finances together whatsoever, do we still need a consent order and how do you get one if no solicitor involved just an online company?
I'd repost in legal section for better advice but my understanding is that it is wise to have an order which makes clear that you will not seek to make a later claim upon either pension or for spousal maintenance. Whilst you share no assets now, presumably you each have a pension? and a claim for spousal maintenance could be made
this is in legal? Yes, definitely get a consent order. Without one, you run the risk of a future claim. Many couples don't other as think they don't have much in the way of finances but what if one wins the lottery post separation?
Smiler you should consider instructing a family lawyer to prepare a consent order to be lodged at the Court following pronouncement of DN. This will ensure that all future claims are dismissed and you will be protected.