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Can't afford divorce

(7 Posts)
CoffeeWithMyOxygen6 Mon 22-May-17 14:01:41

Hoping someone could advise me on this. My husband and I have been separated for almost two years now and I have absolutely no idea how to get a divorce.
There is no way I can afford the £500 (I think that's what it is) plus any other legal fees that may be on top. I don't feel he should have to pay, as it was me that was at fault and my decision that we separated. Is there a cheap way of getting a divorce? Is there anything I can do to not be legally married to him anymore?
There are no children or assets so it should be very simple, but I just do not have or will not have the money to do this.
Also we got married in Las Vegas (we're both from the UK), so does anyone know if that makes things more difficult?

ImperialBlether Mon 22-May-17 14:05:31

I'm not sure about the Vegas thing, but my ex and I divorced online and it was under £100 (a few years ago, though) plus court fees.

NaiceBiscuits Mon 22-May-17 14:19:42

You can ask the court to discount the fees if you're on a low enough income. Contact your local one and ask what's possible

MrsBertBibby Mon 22-May-17 19:32:02

Vegas is no problem as long as you have the marriage certificate.

Ex160 is the fees exemption form

hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_title=apply%20for%20help

D8 is the Petition form.

murrell0cherri Tue 23-May-17 15:58:04

Fee Remission is available in England and Wales for a portion of the fee or the whole fee (£550) if you are on a low income or in receipt of benefits.

You can apply before making your application or after if you have already applied and claim back the fee if needed.

I found the following links/sites helpful:

www.gov.uk/get-help-with-court-fees

www.divorcebox.com/fee-remission/

If you are on certain benefits they normally pay the whole fee, but they do take savings into consideration which is why it is best to apply before making your application so you know where you stand.

If you have been separated for two years it should be quite simple and you can use this as your grounds (reason) for divorce and the process is quite simple if you have no financials to sort out.

Hope this helps

MrsBertBibby Tue 23-May-17 19:51:00

If you have been separated for two years it should be quite simple and you can use this as your grounds (reason) for divorce and the process is quite simple if you have no financials to sort out

This is not correct. If you petition on 2 years separation and he fails to cooperate or says he doesn't want a divorce yout will be stuck having to amend your petition. More fees and lots of scope for things going wrong.

If he isn't reliably cooperative, you must use unreasonable behaviour or wait 5 years.

murrell0cherri Thu 25-May-17 10:06:28

The original post stated:

'I don't feel he should have to pay, as it was me that was at fault and my decision that we separated'

An applicant (the person making and paying for the divorce application) can NOT cite their own unreasonable behaviour as a ground for divorce.

And waiting for another three years is not ideal.

If you both agree to the Divorce 2 years separation is by far the easier route as you do not have to blame your spouse for the end of the marriage.

If you are on speaking terms you could simply speak to your husband before making the application and test the waters.

If money is tight there is some great free advice out there which should hopefully make the process a little easier.

www.advicenow.org.uk/guides/survival-guide-divorce-or-dissolution-civil-partnership

www.advicenow.org.uk/guides/how-get-divorce-or-end-civil-partnership-without-help-lawyer

www.gov.uk/divorce

I think the above are helpful even if you do decide to go down the solicitor route because they explain things in clear terms.

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