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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.

DIY divorce-anyone have experience?

12 replies

Mackers123 · 09/06/2022 15:32

Hi, can anyone help with how to go about this? I know you can apply online via gov.uk, but what is needed on the legal side. I know there is a clean break consent order to think about, there are no assets but possibly some outstanding debts to consider and although child maintenance has been agreed I know this needs to be legalised.
As I understand it, the consent order is the finanical side of things and a solicitor needs to draft this? What needs to be done with regards to children and maintenance what forms are needed for this and does a solicitor need to be involved?
Any help appreciated.
Thanks

OP posts:
Boredboredboredboredbored · 09/06/2022 19:19

Hi I didn't have a solicitor when I got divorced. Did our own application, sorted out CMS directly with them and agreed access that worked. We sold our family home and then the money went 75/25 to me as I had the dc with me. Ex had them EOW it was all pretty simple.

Shibby585 · 10/06/2022 14:42

Fill out online form, upload documents pay. Other party receives in post, log onto portal and confirms they have received notification of divorce. Get a consent order drafted legally, either via online or solicitor. If you want to include cms this can be on order and is valid for 12 months (you can find out how much cms is due on the website or apply for it directly there) Most people apply directly for cms via the website and leave it out of order however, you don't need to include in consent order at all really.

Once at conditional order or whatever its called now consent order is sent to be signed and stamped by judge. Apply for final order once timescale has passed and consent order signed off.

DeePlume · 10/06/2022 14:55

We got divorced online then used an online service to do the consent order. We'd already hashed it all out with a mediator but it was really simple and quick.

EmilyBolton · 10/06/2022 23:59

3 places to go online to get this information

  1. the uk government divorce portal. This is excellent. It is designed for you easily to do your own petition on line without solicitor. Since law changed a few weeks ago it actually makes no sense to use a solicitor at all ( blame divorce removed) and that was one of points of law change. Log on, floowthe process through on its step by step guide and print out copies of key forms like form E and D81 so you know info they need
  2. mediate site- some great information about divorce, financial agreements etc
  3. THE BEST - Advise Now web site and pay £20 to download their DIY guides. They’re brilliant. It’s a law charity to help people use the law for themselves. The guides walk you through processes ( financial process is seperate to petition) and tell you which bits of processes you should use a solicitor, when you might want a solicitor and when you really don’t need a solicitor . They even have a list of nominated solicitors who you can contact just for bits of work you decide you and their help with
The petition is easy. Forget a solicitor. Do on line. financial agreement more involved but if you can amicably agree does not need to cost a fortune in legal fees. The key thing is to get a handle first on the 10 or so criteria the courts use to determine if a settlement is “fair”. Contrary to popular belief these days it doesn’t start at 50:50…the 10 or so criteria come first. Understand your circumstances with respect to those criteria. These apply whether you can agree between you and go a consent order route that the court “ seals” or you can’t agree and go all the way to court for the court to decide. You’re right about consent order, you and stbex can write down what you want, solicitor needs to draft into legal speak, but if you don’t meet those 10 criteria the court could question it, or even refuse to seal..so make sure it meets those “ fair” criteria

you’ll need a solicitor for the child arrangements too.

EmilyBolton · 11/06/2022 00:02

Boredboredboredboredbored · 09/06/2022 19:19

Hi I didn't have a solicitor when I got divorced. Did our own application, sorted out CMS directly with them and agreed access that worked. We sold our family home and then the money went 75/25 to me as I had the dc with me. Ex had them EOW it was all pretty simple.

But please tell me you did get a formal consent order sealed by the court.
do not divorce without a sealed financial agreement of some sort- be it a consent order or financial order.

EmilyBolton · 11/06/2022 00:06

DeePlume · 10/06/2022 14:55

We got divorced online then used an online service to do the consent order. We'd already hashed it all out with a mediator but it was really simple and quick.

just to say …lots of issues with online solicitors just now..be careful op ….solicitors for all sorts of jobs are still struggling with case loads and online tends to be more chaotic with a who-shouts last approach to prioritise work. You can find a local solicitor whose receptionist you can eye ball if it drags, but be very specific about which takes you want them to do and no more

EmilyBolton · 11/06/2022 00:07

Tasks not takes

alwaysmovingforwards · 12/06/2022 16:06

We used this service 6 years ago.
divorce.wikivorce.com/services/divorce/divorce-services-overview.html

Got the consent order through them also.

Allows you to do it all, but with the safety net of a legal firm guiding / doing all the court process and documents.

All via post and email. Was painless and recommended.

Mackers123 · 13/06/2022 10:53

Shibby585 · 10/06/2022 14:42

Fill out online form, upload documents pay. Other party receives in post, log onto portal and confirms they have received notification of divorce. Get a consent order drafted legally, either via online or solicitor. If you want to include cms this can be on order and is valid for 12 months (you can find out how much cms is due on the website or apply for it directly there) Most people apply directly for cms via the website and leave it out of order however, you don't need to include in consent order at all really.

Once at conditional order or whatever its called now consent order is sent to be signed and stamped by judge. Apply for final order once timescale has passed and consent order signed off.

Thank you for this

OP posts:
Mackers123 · 13/06/2022 10:54

alwaysmovingforwards · 12/06/2022 16:06

We used this service 6 years ago.
divorce.wikivorce.com/services/divorce/divorce-services-overview.html

Got the consent order through them also.

Allows you to do it all, but with the safety net of a legal firm guiding / doing all the court process and documents.

All via post and email. Was painless and recommended.

That's great thank you

OP posts:
Mackers123 · 13/06/2022 10:55

EmilyBolton · 11/06/2022 00:06

just to say …lots of issues with online solicitors just now..be careful op ….solicitors for all sorts of jobs are still struggling with case loads and online tends to be more chaotic with a who-shouts last approach to prioritise work. You can find a local solicitor whose receptionist you can eye ball if it drags, but be very specific about which takes you want them to do and no more

Good point, thank you

OP posts:
Mackers123 · 13/06/2022 10:57

Boredboredboredboredbored · 09/06/2022 19:19

Hi I didn't have a solicitor when I got divorced. Did our own application, sorted out CMS directly with them and agreed access that worked. We sold our family home and then the money went 75/25 to me as I had the dc with me. Ex had them EOW it was all pretty simple.

Thank you

OP posts:
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