divorce WWYD: DIY or solicitor

[Handywoman]

Hello,

In June, stbxh and i will have been separated two years.

When we split I went to a solicitor and had a separation agreement drafted, so that finances could be settled asap. At the time he balked at being divorced for Unreasonable Behaviour, so I agreed to wait two years, to keep the peace (he had been EA for ten years and refuses to acknowledge any part in the breakdown of our marriage).

All this has been actioned, only my name is on the house deeds, he took his equity and has bought another property (which he is about to sell, in order to buy another house with his new gf of about five mins).

We have two dc. He sees them EOW (I work EOW so need him to do this) and pays maintenance as per the separation agreement. I told him that divorce with the same solicitor would likely cost £1,500.

He is now complaining about this, he wants to do it online.

I would rather it was done and drafted properly, by a solicitor, so I can sleep at night knowing it's all settled.

WWYD??????

I did it DIY. You need to fill out a form about arrangements for children and a petition for divorce on the grounds of separation for two years.
If the money is sorted and access arrangements are sorted then £1500 would be a waste of money. The court staff are so helpful: honestly it's like 20 minute bursts of legal wisdom over the phone for free, and they do make a point of saying 'call if you need anything explaining' because it is quicker for them to sort it before you apply than afterwards.

Thanks for that.

I'll be doing all the legwork, I know it.

That is really sticking in my craw, but I guess I just gotta think of the money saved?

Harrumph.

Honestly, it isn't that onerous. As you've agreed everything anyway you'll be able to cut and paste. You can have it at the court on 1st June (I timed mine to the 2 year date!)

can I cut and past from separation agreement? Is that allowed?

You'll need to fill out a divorce petition form, most courts have a free morning where they provide advice for litigants in person.

There's also the court fees. It's £410 to lodge the divorce fee ( which you'd have to pay either way, unless you are eligible for fee remission - again court can advise you of this).

The petition won't be too detailed as you don't need to provide the court with details over access but it would be wise to attach a copy of the separation agreement, just for completeness.

It's one form and shouldn't be overly complicated, especially if on grounds of 2 years separation- you will also need your original divorce certificate (or certified copy from the district in which you married).

The judge would normally be satisfied and the issue the acknowledgement of service to Ex, which he should sign and return. A date for the nisi will be set and once that is granted you will have to wait six weeks and one day before you can apply for the absolute. Again there is a fee for the absolute, think it's about £50.

Then you'll be divorced. In a situation like yours where everything is already agreed, you should be able to do it yourself. Courts are also extremely helpful to non-lawyers/solicitors issuing divorces.

*fee is to lodge the divorce petition.

Don't just divorce. You really really do need a financial Order - a consent order which you both agree and which the court seals because until you have that nothing is actually settled legally. That might be a clean break or it might involve on going maintenance payments from the lower earner to the higher.