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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Cheap Divorce when kids involved

13 replies

isitsummeryet1 · 19/07/2019 09:59

Does anyone know if you can do one of those quickie divorces when there is a child involved? If so, any recommendations on which site to use? I have a 10 year old daughter, husband and I separated when she was 12 weeks. He hasn't seen her since she was 3 when I found out he had a drug problem, I told him to get clean and then get back in touch, which he never did. He does however pay maintenance every now and again through the CMS. I've not divorced him as I never felt a need to, but I feel now is the right time. Would a court grant a divorce if the father isn't seeing the child?

OP posts:
PicsInRed · 19/07/2019 11:04

Do you have any assets?

Honestly, I wouldn't recommend a "quicky" divorce - you want a consent order in place to ensure that he cannot come back later for your (even later acquired) assets.

isitsummeryet1 · 19/07/2019 11:35

Hi @PicsInRed no, no assets. There were lots of joint debts which I wasn't aware of (credit cards/loans). My mum thankfully paid the majority, and I'm paying off a remaining £11k at a measly £50 a month as that is all I can afford. I have an NHS pension but I've already signed a transfer order to protect that. Our house was repossessed and I payed the shortfall.

OP posts:
PicsInRed · 19/07/2019 12:44

Your pension is your asset. It could grow large in time and, without a consent order, this man could come back for more (including for subsequent assets).

Be careful that you're not penny wise and pound foolish.

category12 · 19/07/2019 13:01

I'd pay for an hour or twos advice from a solicitor (or if you can find one that offers an initial half-hour consultation free) and then do it yourself if he's unlikely to contest or be awkward.

You don't really need to use one of those sites, and they can't do it any quicker than you can yourself. Forms for it all are available from the gov.uk site free, and it's just a matter of paying your fees and going through the process.

But worth getting advice about your pension first. Read through the process online and go in with a list of questions about your particular circumstances.

isitsummeryet1 · 19/07/2019 13:19

My NHS pension is already sorted, this was done when I was made redundant and there was advisors in place. He cannot touch it, if I died in service all my pension would go to my mum, in trust for my daughters. I don't have any other assets...just debts.

OP posts:
Joy69 · 19/07/2019 13:22

I'm in the process of completing my divorce online through the GOV site. It's cost £500 & quite easy to do. I didn't even have to send off my marriage certificate, just uploaded it. I have children, but did sort out the financial bits through a solicitor, although the only thing to sort out was the signing over of the house.
Good luck with everything Flowers

MyCatHatesEverybody · 19/07/2019 13:22

Online divorces are fine if you're separating on amicable terms and the divorce is going to be straightforward in terms of assets - I used wikivorce which was great. However it's not recommended if you have children and/or the circumstances are a little more complicated e.g. high value or public service pensions, debts, not separating amicably etc. In your case I would definitely consult a solicitor.

MyCatHatesEverybody · 19/07/2019 13:25

OP I've read your update and just because he can't physically access your pension it still needs to be taken into account when looking at division of assets. So he would likely get something in lieu of the value of your pension, it does't just get taken out of the equation.

isitsummeryet1 · 19/07/2019 13:26

Thanks everyone, I will do a free half hour over the phone. I'd like to think he wouldn't go after my pension as he's £22k in arrears with the CSA, but I guess you never know! Once I've dug out my pension forms which I signed back in 2015 I'll give them a ring.

OP posts:
isitsummeryet1 · 19/07/2019 13:27

@MyCatHatesEverybody is that only if he contests it? I've ticked the box that there are no assets. He left me in a lot of debt with the house repossession and credit cards, so I'd say it's only fair he doesn't take my pension. Not sure it works like that though!

OP posts:
PicsInRed · 19/07/2019 13:34

He left me in a lot of debt with the house repossession and credit cards, so I'd say it's only fair he doesn't take my pension. Not sure it works like that though!

It doesn't work like that. This is why you need legal advice.

I've ticked the box that there are no assets.

There are assets (pension), you've lied on the form - which will go really badly for you if he comes back later.

MyCatHatesEverybody · 19/07/2019 13:39

No I'm afraid it doesn't work like that as the UK has a no fault divorce system (in all but very extreme cases) when in comes to division of assets. The courts look at each party's needs although the fact you haven't lived together for several years will probably have some kind of bearing.

isitsummeryet1 · 19/07/2019 13:58

@PicsInRed my sister had a house with her husband and they both ticked the no assets box. He then signed over the house on the deeds. So did they lie too? I'm not sure how I'm different, the box states are there assets I wish the court to consider, which I don't. He might tick it though, in which case I think it'll be a battle...and an expensive one at that.

OP posts:
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