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Relationships

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filing for divorce

1 reply

BAFE · 08/02/2010 14:15

I have decided to file for divorce. I'ts been a long time coming.

Is there anyone here who has used an online divorce service?

Also, I just know my dh isn't going to leave the family home . Does this mean me and the kids have to leave to go somewhere else? Temporarily or permanently?

OP posts:
STIDW · 08/02/2010 14:56

Why use an online divorce service? If money is an issue and/or you don't require legal advice the forms and guidance are all available to download free from HM Courts website. If you are prepared to do some research and form filling it isn't that difficult to do the actual divorce yourself.

The petition is Form D8, guidance leaflets are D183, D184 & D185 and there is a list of fees Ex50. If you have no income or low earnings you may bee exempt from fees and if I remember correctly the form is EX160.

However, you do need to ensure the finances are tied up legally so neither party can make claims against the other in the future. When agreement can be reached between you it's possible to write it down and take it to a solicitor to draft into an agreement (a consent order) which is legally binding once ratified by the courts.

Some online companies offer a consent order service but this might be a false economy. Unless the agreement is fair, there was full disclosure and legal advice the order is open to challenge. Therefore you will either need to pay separately for legal advice or sign a disclaimer.

The Which? guide to divorce is a good starting point to understanding the basics. Also seeing a solicitor early on to find out where you stand and what your options are is useful, even if you then decide to go it alone.

With regard to the family home the usual legal advice to both parties is to stay put until proper arrangements are in place for the finances and any children unless it is unsafe.

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