Beginning proceedings

[Lemur2007]

Just looking for some advice on starting divorce proceedings.

In brief, we have been separated over 5 years, no assets to be divided, no shared bank accounts etc, we have 2 DC. He has our DC every other weekend for 1 night & usually a week in the summer holidays. Pays child maintenance, but I don’t know his current salary so unsure if it’s at the right level. He lives with his partner & they have 1 DC. We get on ok, no big issues. Only reason I haven’t started divorce proceedings yet is money, both my DC have additional needs so I am currently carer for them & not working. Have been putting money aside as & when I can to go towards fees.

In my situation would you consider applying yourself for the divorce, and a financial order for the child maintenance, or going through a solicitor to get it done? I know he won’t contest the divorce, and I’m wary about solicitor costs going above what I can afford. He is terrible with money so I doubt he would be able to afford a solicitor without borrowing from family. I’d just like to finally be divorced!

You can do the divorce yourself but pay a solicitor to draft the consent order (financial agreement) if you think that would be helpful.
DIY divorce is about 500 and using a solicitor is about 1200-1500. The consent order separate and additional cost - I have it all written down so can post tomorrow if you aren’t sure of costs.

If things are straightforward then doing the divorce yourself makes sense but you might be best to have a solicitor do the consent order.

If you’re unsure about what would be best you can usually get 30mins free with a solicitor to go through your options. I found that really helpful and they weren’t pushy.

If divorce will not be contested then you can apply for it yourself online www.gov.uk/apply-for-divorce

This all goes through straightforward and quickly just give them a heads up as they will receive a code where they have to log on and agree to divorce and reasons for divorce. If they do not agree you have to apply to the court that they have been served notice and this becomes a lengthy process.

This costs £550 and you need this to start the process. Once you hit decree nisi then you can apply for a consent order (assuming you agree). You probably won't need a solicitor you can probably do an online consent order as you are agreeing. If you disagree then you may need a solicitor.

You won't need a financial order for cms as that can be done separate. If you do wish to include it then once the order is finalised it is valid for a year then a claim can be put into cms to overwrite it.

Do not apply for decree absolute until your consent order is finalised

Good luck

@Lemur2007 if you are not working and on UC you should be able to claim Legal Aid

Hi thanks for the replies. DIY costs of around £500 would definitely be more manageable for me than solicitors fees! I have seen that I can get help with court fees as I am in receipt of benefits so that is good.

So the consent order deals with the financial situation & can cover child maintenance, can it also include the current access arrangements? I’d like it ‘official’ that they live with me & have our current access arrangement.

So you if you are in receipt of benefits you need to fill out a court remission fee form

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

Then you can move onto the divorce online. It's really easy to fill out online via the government portal it just asks for your name, address etc, date of marriage, a photo of your marriage certificate (so if you don't have it you need to get it or order one).

I think the financial order and access will be different orders although someone who has done this may be able to confirm for definite.

@Levithecat

You can do the divorce yourself but pay a solicitor to draft the consent order (financial agreement) if you think that would be helpful. DIY divorce is about 500 and using a solicitor is about 1200-1500. The consent order separate and additional cost - I have it all written down so can post tomorrow if you aren’t sure of costs.

If things are straightforward then doing the divorce yourself makes sense but you might be best to have a solicitor do the consent order.

If you’re unsure about what would be best you can usually get 30mins free with a solicitor to go through your options. I found that really helpful and they weren’t pushy.

Agree with this and can confirm my costs were about the same. ExH and I were very amicable and did all the prep for the financial consent order ourselves, eg filled in D81 form and drafted consent order in layman’s terms. Solicitor helped me with wording for the grounds for divorce( I petitioned due to “unreasonable behaviour “ but wanted to say as little as necessary to get the divorce and keep it amicable). The solicitor then took our draft consent order and put it into legal speak and submitted it. I think you definitely need a solicitor for that. Everything else I did on line- it is very very easy. My whole divorce was completed in under 3 months from point where I raised petition. I was actually very surprised how easy it was in the end. In total exH and I spent £2300 on all legal fees and court costs.