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Can anyone advise me about divorce in England?

1 reply

CarpeJugulum · 25/08/2012 13:55

Not for me thankfully! I'm after some information for DBIL so that we can discuss things and help him out.

DBIL is now separated from his wife - happened in about May and she moved out of the (rented) marital home. He has now also moved out to a new, cheaper place.

There was undoubtedly fault on both sides (in terms I'd arguments), but essentially it was just a case of wrong person/time - so I think it would be irreconcilable differences; they have been amicable about the split and have divied up furniture and split monies and accounts.

So, how quickly can they get a divorce? Can they do things without lawyers getting involved? (No assets)

OP posts:
countydurhamlass · 25/08/2012 19:23

he can obtain the forms he needs from the court's website and complete the forms himself. firstly he will complete the divorce petition (and arrrangements for children) and send them to the court with the court fee (£300). the court issue the proceedings and send them to his wife who has an acknowledgement of service to return to the court. Once she has returned it to the court and the court have sent him a copy he applies for the decree nisi (forms online). he will then get a certificate of entitlement telling him when the decree nisi will be pronounced. after that date he will receive his decree nisi and six weeks and a day after the decree nisi is pronounced he can apply for the decree absolute (£45 fee)(form online). at the moment he can only divorce her on unreasonable behaviour (or if applicable adultery). Courts now make it really easy for people to do the divorce themselves, however, he may want to see a solicitor for the financial side as he will need a consent order to dismiss his and her financial rights against each other. if there are no assets it will be a clean break consent order and shouldnt cost a huge amount of money for a solicitor to draw up (although they will want to see both parties financial disclosure first unless he insists he signs a disclaimer - may be worth disclosing it to make sure its all done properly)

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