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How easy is it to divorce without a solicitor?

(10 Posts)
user1471538980 Sun 04-Sep-16 20:14:51

DH and I have separated for the final time and I want to start the ball rolling with regards to the divorce.
I've looked at the forms and it all makes sense until I get to the last bit about financial stuff.....
We have agreed that I keep the house and the equity - there isn't much and certainly not enough for 2 deposits to buy again. I want to live here and the children will remain with etc.
What happens if I don't put anything in the financial bit but he then changes his mind about the house?

I'm all confused and don't want to end up in a mess but don't want to pay out a fortune on solicitor fees as I just don't have it spare at the moment.

MrsBertBibby Sun 04-Sep-16 23:18:29

Tick all the financial boxes, including claims for kids. Otherwise if he changes his mind, you'll have to seek permission to make applications.

Familylawsolicitor Sun 04-Sep-16 23:30:01

The divorce is fairly easy to do on your own
Without a solicitor ensuring that your financial agreement is put into a legally binding order he could change his mind about the house at any time in the future
You need a consent order and a solicitor to draft one as it's not form filling.

Muddle2000 Sun 04-Sep-16 23:38:25

I presume the house is in both names? If he has agreed to you keeping
the house then all he has to do is sign his half of the house over to you.
You do not need to be divorced for him to do this.
However before accepting you need to check that there is no
outstanding mortgage/ loans on it as otherwise you may incur this debt.
With the 2 and 5 year separation divorce laws it has made things easier.
It pays to be as amicable as possible .
Large legal fees occur mostly when people start arguing and long court
battles take place. Custody /visitation rights of the children is one such area so try to be as flexible as you can.
Of course as the Parent With Care you would be entitled to ask him for
Child Maintenance but it sounds like you have waived this at the moment?
As already stated some parents use Child Maint threat to stop the other
parent seeing the children .So court action takes place costing ££
but you may already be too sensible to do this......

Muddle2000 Sun 04-Sep-16 23:47:40

Oh Sorry forgot I was so busy thinking about worst case fees ..Yes I would agree that using a solicitor for the finances is a good thing as it gives
security for what you have agreed.Much cheaper in the long run than
battling it out all over again later

user1471538980 Sun 04-Sep-16 23:52:16

The house is in both names and we have a mortgage - I know that the bank won't give him a mortgage in his own name but I shouldn't have a problem with this. We still owe quite a bit so by the time we had sold and paid fees etc there wouldn't be much left at all to share!
He's agreed to pay maintenence which will start this month.
Only the youngest one is his although he has step parent pr for for my older dd - due to his working hours he can't be the main carer as he can't do nursery drop offs or pick ups so mid week they have to be with me..

Re the consent order can I still send the divorce application in and then deal with the consent order or should I get that sorted first?

MrsBertBibby Mon 05-Sep-16 06:10:49

Yes, start the divorce first. You can't submit your consent order until you have decree Nisi.

babybarrister Mon 05-Sep-16 10:54:49

As others have said, do the actual divorce yourself but get a lawyer to advise on finances and putting everything into the correct order ...

Have a read of the Supreme Court case of Vince v Wyatt to see what can go wrong otherwise ...

user1471538980 Mon 05-Sep-16 16:46:24

Is it wrong but I love reading court documents - do it for the day job but more care proceedings than finances and divorce.

I'v an appointment on Wednesday with a solicitor so hopefully be able to get that ball rolling soon

Thankyou for your help - never thought I'd be getting a divorce so it's all a legal and emotional minefield!

user1468843120 Mon 05-Sep-16 19:16:05

My DP went along the lines of an online company. It was a total waste of money and an absolute disaster. ExW ignored all the documents and it took 4 years for what should have been a straight forward 2 years separation divorce. The 4 years didn't include any of the money part either. We decided to go to a proper solicitors to sort the financial remedy order and it was only marginally more expensive and much quicker. DP got a much fairer outcome using a solicitor that he could meet face to face

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