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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.

When to send Form e

8 replies

Pixiedust1234 · 04/08/2023 21:12

I know this is probably a very stupid question but I suffer from a couple of medical conditions that cause brain fog so I do struggle to absorb information at times. I've spent a couple of months reading different websites and I still don't know Confused

I want to do the divorce online by myself (money is very tight) but I'm going to need a solicitor or mediator for the financials (Form e). But I don't know where in the process I need to do it. At the beginning or middle or?

  1. Start of process, apply online and pay fee.
  2. Wait for DH to be served, he fills in his half, sends back to court.
  3. Wait 20 weeks.
  4. Apply online for Conditional Order (aka Decree Nisi).
  5. Wait 6 weeks and a day.
  6. Apply online for Final Order (aka Decree Asolute).

If the above is true,

  1. When do I need to send in my completed Form e to the court.
  2. Do I need to do mediation before sending the completed form, or is mediation done afterwards and an update sent to be approved?

Please explain as though I'm 12, in very small words. No children involved, only percentage of matrimonial house and pensions to be decided. Thank you for any help!

OP posts:
Pixiedust1234 · 05/08/2023 09:08

Bumping this up. Thank you.

OP posts:
onlylovecanhurtlikethis · 05/08/2023 17:18

Is your husband in agreement to divorce and are you in England? In which case you don't need him to be "served"

Single or joint application online £693. All done via email etc

You don't necessarily need form E - if you know his financial position / assets etc and it's fairly amicable you can do D81

You don't need a solicitor for either form E or D81 - you can fill it out yourselves

You will need a solicitor to write the financial consent Order - think that cost about £500 total

Timeline

  1. apply online - once both have authorised electronically then the 20 weeks start
  1. During the 20 weeks start sorting finances and filming in forms and agreeing on split

You don't need a solicitor or mediator if you are amicable. I did an hour free consultation with a solicitor just to get an idea in my head what split to go for. My ex and I just sorted it out between us (we do have children as well) - in the D81 I was able to put my reasons for asking the split I wanted and also why there was to be no pension sharing. I only did this because the split was weighted in my favour and I didn't want the judge to not sign it off as we would then have needed to go to court and incurred a lot more cost. My ex didn't engage a solicitor at all

  1. Apply for conditional order - mine came through in much less than the 6 weeks that I recall
  1. SEND IN THE FINANCIAL CONSENT ORDER - you then have to wait for confirmation it's been accepted - mine took about 2 weeks for a judge to sign it off.
  1. You then apply for the final order - mine then came through within about 10 days so very quick

You are advised to get the finances agreed and signed off before the final order because lots of people forget/don't bother and technically the other party can come after assets years down the line. I'm the main earner so I wanted to ensure that wouldn't happen.

Pixiedust1234 · 05/08/2023 20:00

Thank you, that was very clear Smile

Yes to England.
No he doesn't know yet as I'm trying to get my ducks rounded up before pressing the go button. It's an abusive marriage and I don't see him reacting well but unfortunately I can't leave until the house is sold. Multiple reasons why.

OP posts:
Mumof3confused · 05/08/2023 20:14

If he is abusive, be prepared for him to not make it easy for you to divorce him, sell the house etc. You can get free initial session or low-cost session with many solicitors.

I wouldn’t bother doing a joint application, I’d do a single one (then you don’t need his approval for the final order).

Is your financial situation simple or complicated? This might determine how easy it will be for you to finalise the divorce and financials (which are two separate things).

Pixiedust1234 · 05/08/2023 20:56

Had to pay for a solicitor as all the ones offering free didn't understand emotional and/or coercive abuse unfortunately. She's expensive but understands DA.

It's simple-ish. Just the house and his pension but he's moved around a lot so has several although I don't think they are worth much.

Half of me hopes he's as fed up with the marriage as me and says let's do it. He's says often enough he doesn't know why he stays. However he doesn't think SAHMs should have any financial say. He thinks the house belongs to him because I didn't go out to work and bring in the cash. That's where he will explode imo, having to pay me a share.

OP posts:
millymollymoomoo · 06/08/2023 08:34

You say no children involved then refer to sahm

di you have grown up children indicating you were a sahm for long period ?

Pixiedust1234 · 06/08/2023 11:26

Correct. Both children are now adults but I mentioned no children as in no custody or primary parent negotiations are needed. It's just the actual divorce itself and financial considerations.

OP posts:
Mumof3confused · 06/08/2023 12:05

Legally you are entitled to your share of both the house and pensions. How much equity is in the house once you remove cost for estate agent fee and conveyancing? How much mortgage can you get? Does that leave you with enough funds to purchase a home for yourself? You could perhaps offer him half the equity of the house and let him keep his pension for an easy life…

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