To think my divorce will be straight forward?

Wednesdayafternoon · 2022-01-11T07:37:52+00:00

Me and ex have been separated 2 years now so can file for divorce. We have no finical ties or assets or mortgage. We have 2 children but childcare and CMS has been set up between us. I believe I register o line and pay £660... what should o expect after that? I'm really hoping it'll just be a matter of paperwork? Any experience would be amazing as I'm feeling abit anxious! I'm sort of thinking it might just be a matter of paperwork but not sure if I am being extremely naive!

thenewduchessoflapland · 11/01/2022 07:40

There's nothing to sort out so from what I can see should be straight forward unless there's any reason your ex would contest a divorce?

Takeoutyourhen · 11/01/2022 07:42

From April this year No Fault divorce comes in, could be worth researching. All the best.

Sidge · 11/01/2022 07:43

No financial links between you at all?

No property? Pensions? Savings? Investments? Joint accounts?

If there is nothing like that then it should be fairly straightforward.

Original poster

Wednesdayafternoon · 11/01/2022 07:45

Yesss this is what I wanted to hear 😀

Absolutely no toes what so ever, other then our children!

Does the divorce process do any residency checks at all?

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Original poster

Wednesdayafternoon · 11/01/2022 07:45

No toes 🙈 no TIES

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Forrandomposts · 11/01/2022 07:51

Neither of you have a pension?

Original poster

Wednesdayafternoon · 11/01/2022 07:54

I have a pension.....

I very much doubt he we want to take any funds from it?

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SnowWhitesSM · 11/01/2022 07:56

Do a consent order for your pension. He could come back in twenty years wanting half otherwise.

Original poster

Wednesdayafternoon · 11/01/2022 07:58

How do I do a consent order? Do I need a solicitor because I am really short of money :(

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Shmithecat2 · 11/01/2022 07:58

Do a consent order. It's worth the extra cost and should be pretty easy if you're both agreeable.

dgirluk · 11/01/2022 08:02

Def. do a consent order. I had a hassle free divorce but we still did it - I think you can sort it out yourself, doesn't cost much. The court questioned ours, but accepted it after we explained the query they had.

Think of it like the divorce is the separation itself, and the consent order is drawing a final legal line under the finances. They're totally separate things. And it just means nobody can come after anybody in the end.

Also - if you're going back to your maiden name, you'll need to do it via deed poll. Which is free - it's just a letter using particular wording which is signed by (I think 2) people. Don't get suckered into the websites charging for it etc.

Pombearsforthewin · 11/01/2022 08:22

I did mine myself. Much cheaper and it's very straight forward if you are in agreement and have a civilised relationship. Annotate and memorialise all your agreements though, just in case.

Sidge · 11/01/2022 08:26

I doubt a divorce will be granted without some sort of consent order and clean break financially. Even a small pension is “money in the pot” that could potentially be disputed.

It shouldn’t cost you a lot but with children and a pension I’d be very wary of an online DIY divorce with no legal input at all.

JustLyra · 11/01/2022 08:26

Also - if you're going back to your maiden name, you'll need to do it via deed poll. Which is free - it's just a letter using particular wording which is signed by (I think 2) people. Don't get suckered into the websites charging for it etc.

You don’t need to do it with deed poll. Your decree absolute is enough to change your name. Even the passport office don’t need a deed poll

Shmithecat2 · 11/01/2022 08:30

@JustLyra

Also - if you're going back to your maiden name, you'll need to do it via deed poll. Which is free - it's just a letter using particular wording which is signed by (I think 2) people. Don't get suckered into the websites charging for it etc.

You don’t need to do it with deed poll. Your decree absolute is enough to change your name. Even the passport office don’t need a deed poll

I second this. I never had to do it by deedpoll either.

justustwoandmoo · 11/01/2022 08:41

We were in the same boat and it was very very easy. I started it off online, paid the fees. Heard back when the Decree Nisi was granted so submitted for it to be finalised. The Decree absolute came in and that was that!!

Honestly it's quite sad that it's so easy to end a marriage. I am aware though that it's because there was no contesting of money, childcare etc. if you are able to the process can be very very simple.

FlamingoYellow · 11/01/2022 08:46

We did it all online and paid an online solicitor a few hundred (£3-400 I think) to do the consent order for us. This will be very straightforward too because you only need to tell them your earnings, pensions, savings and that you have sorted maintenance payments between yourselves and they'll do the rest. The decree nisi was very easy to do by ourselves online and went through much more quickly than we had expected.

Original poster

Wednesdayafternoon · 11/01/2022 08:48

Thank you all! My passport was still in my maiden name so I have managed to change my bank and nhs etc etc... obviously made them all aware and they have all said this was acceptable!

Really appreciate the advise. I will look into the finical consent thing.

So basically I file for divorce and pay the fee and then wait for the decree document to sign.

I wonder how long it will take nowadays?

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PicaK · 11/01/2022 09:26

It will be fast if you do it online and your ex responds immediately.
Just pay the fee and its into the system.
When your nisi comes through note the date you can apply for absolute, do that and the absolute pops up the next day.
Divorce is totally srparate to sorting finances - it's just usual to have a consent order in place before but you don't have to (my ex didn't bother to wait for this)
Worth talking about wills together in terms of making it clear who would be executor of money left in trust for the kids. My ex and I know full well our families couldn't be trusted not to deny the kids stuff so the person left didn't benefit too eg releasing money for a nice holiday etc when we're very much on the same page as trusting each other to put the kids needs first. We argue about lots of stuff but not that.

dgirluk · 11/01/2022 09:38

@JustLyra

Also - if you're going back to your maiden name, you'll need to do it via deed poll. Which is free - it's just a letter using particular wording which is signed by (I think 2) people. Don't get suckered into the websites charging for it etc.

You don’t need to do it with deed poll. Your decree absolute is enough to change your name. Even the passport office don’t need a deed poll

That hasn’t been my experience with various organisations including banks And gp surgery :(

Hopefully you’re right, but if you do need deed poll it’s free and easy.

LeSquigh · 11/01/2022 09:47

Apologies for jumping on your thread but I have a very similar situation to you, no financial ties etc but I do have a pension and he doesn’t. We have been separated for ten years and both have children with other people. I didn’t start paying into a pension until after we had separated. Would my pension be in danger or would I also need a consent order.

Original poster

Wednesdayafternoon · 11/01/2022 09:53

Does anyone know if the consent has to be done at the time of divorce or can it be done later? I just have no means to £3-400 for a solicitor and the fee on top and then £660 to file!

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waterpops · 11/01/2022 13:10

It should be straightforward, but I'd make sure whoever is doing the bulk of paperwork is organised and efficient, my divorce is still going on and it's been over TWO YEARS, not the financial side, that's separate, literally just the divorce.

My ex husband refused a divorce unless he filed and I was too scared to stand up to him then and because of his lack of quick responses, "losing" paper work multiple times, filling things out wrong it's still going on. (I'm not sure how much of it is on purpose but it does fit into how he generally is as a person!)

PicaK · 11/01/2022 13:23

No consent doesn't have to be done at same time at all.
But ours cost c£1200 to be drafted and submitted. We had to pay for miam on top but as we'd pretty much agreed (and had separate legal advice either of us was being shafted) we whizzed through that in 1.5 hours which was very fast. As well as the separate 1 hour interviews miam do with each of you.

Original poster

Wednesdayafternoon · 11/01/2022 14:37

@waterpops ong that sounds awful! I have told my ex that I will be filling. I just know that if I left it to him it would take months and months!

Crickey that's a lot for a consent form, I definitely don't have that money atm so will look into it later!

Thanks for all the advice anyone!

Will anything regarding childcare prop up?

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