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Does anyone want to talk to me about divorce?

(4 Posts)
KerryMumbles Fri 11-Sep-09 20:44:11

I need to get a divorce and as quickly as possible. We've been seperated for over 5 years, amicable, no financial or childcare disputes. Both agree. Just never got around to it.

We were married in Northern Ireland. Does anyone know how long this will take? Is there a way to expedite it? How much will it cost?

Thanks a billion!

mumoverseas Sat 12-Sep-09 13:58:32

Firstly, are you living in England (or Wales) now? If you are then you can commence divorce proceedings in an English County Court and the fact that you married in NI has no real relevance. You will however need your original marriage certificate and if you haven't got this, you will need to apply to the local registry office where you got married for a copy as this needs to be sent to the Court with the divorce petition and will be retained by the Court.

If your H agrees, then you can go ahead immediately with a petition based on 2 years separation and his consent. If for whatever reason he did not consent you could petition on the basis of 5 years separation which does not require consent but the 2 year one would be simpler.

If all amicable as you say then no reason why you can't act in person for the divorce itself. You would just have to pay the Court fees (around £350 for the petition fee and fee for Decree Absolute) and you should get your H to pay half. The divorce itself could be finalised in as little as around 4 months (depending on which Court as some have delays in paperwork etc so can take a little longer)

If no dispute ref the children then fine, no problem but with regards to finances, I'd still recommend that you enter into a Consent Order which will set out the agreement reached between you and which can be lodged at Court after Decree Nisi (the first of the two decrees) has been pronounced. The Consent Order if approved by the Court will finalise everything in full and final settlement and without the security of this there is always a chance that one party could try to make a claim against the other in the future.

If you go to your local County Court they can provide you with the forms that you will need to complete (petition, statement of arrangements for children form) and give you guidance on completing although they cannot give you legal advice.

HTH

KerryMumbles Sat 12-Sep-09 14:24:39

oh thank you thank you thank you.

i am currently living in Republic of Ireland. xdh is saying he will sort up above. Will I have to appear in court or can it all be handled remotely?

He's on benefits so no money. If he comes into money in the future am I entitled to any of it? For the kids I mean?

mumoverseas Sat 12-Sep-09 17:08:18

hi, sorry can't advise on ROI as I only know the law for England and Wales (Scotland and Ireland are different)

In England, you don't need to attend Court and the divorce itself can all be done by post.
If you don't enter into the equivalent of what a Consent Order is in the ROI then presumably you could make a claim against him in the future as any financial claims won't have been dismissed so are still effectively out there to be applied for. As I said though, this is in England so you would be sensible to check with your local Court.

Good luck

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