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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Beginners question about divorce

8 replies

UterusHaver · 21/11/2017 06:25

I'm going to be starting the process soon.

Am I right in thinking that one petitions the other, they respond and a decree nisi is issued.

Then we sort out money, children, property. (the grotty bit)

Once they are sorted the petitioner applies for the absolute

Is that about right?

OP posts:
JohPa · 21/11/2017 14:05

I don't have any legal qualifications but seem to be doing ok sorting out my divorce so far, yes, that's pretty much it.
Apply for divorce, court sends respondent a copy of paperwork.
Respondent returns the acknowledgement of service, they shoukd do this within 7 days of receipt or you may have to consider having the papers formally served.
Petitioner then gets sent application for a decree nisci. Complete & return.
Respondent & Petitioner get sent date for hearing of decree nisi in court.
6 weeks & 1 day after decree nisi granted you can apply for decree absolute.

As I understand it the consent order re financial arrangements should be finalised between the decree nisi & decree absolute.

I have done all the divorce paperwork myself but will seek legal advice for the consent order.

Hope that helps - and if I have got anyhing wrong that someone more qualified will step in!
Good luck.

UterusHaver · 21/11/2017 18:04

Lovely, thanks. It's all new to me Sad
I've got an initial solicitor appointment tomorrow but I want to prioritise my questions and not waste it

OP posts:
UterusHaver · 21/11/2017 18:08

It's definitely going to take longer than 6 weeks to thrash out the details. He's not even moved out yet Wine

OP posts:
WitchesHatRim · 21/11/2017 18:11

It's definitely going to take longer than 6 weeks to thrash out the details. He's not even moved out yet

If you own the property he doesn't have to move out until all finances are settled.

JohPa · 21/11/2017 18:42

I think the 6 week is the minimum as a kind of 'cooling off period'.
I have done everything myself so far, I sent the application in mid-September & the decree nisi is being heard in court tomorrow however I think there are definitely horror stories of it taking much longer.

lilli30101968 · 24/11/2017 11:03

Thanks for the post Uterushaver .
Joh Pa the forms are the D8 right? How many copies you have to sent to the court , what do you mean by consent order do you need solicitor for that , what about the finance bit ? thank you

JohPa · 24/11/2017 11:41

Yes, off the top of my head I think it is a D8. There are application notes with it but yes, you submit 3 copies, one for the court, one for the respondant and one that gets sent back to you.
A consent order is also heard in court and makes your financial arrangements legally binding. You should definitely get legal advice prior to this and I'm under the impression that it is best completed/submitted by a solicitor to ensure that the right format & terminology is used.
I'm not legally qualified at all I've just done a lot of internet research and am doing whatever I can to minimise costs as it can get crazy and as we have limited assets it seems sensible to get and protect as much as we can.

lilli30101968 · 24/11/2017 14:36

Thank you so much Johpa I wanted to do it myself as I dont want to spend too much

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