Filing for DIVORCE need advice...

Joebob

Joebob

Joebob

Soldato
Joined
27 Sep 2005
Posts
5,909
Location
Burbage, Hinckley
Been seperated from my wife for just over two years now so it's time to start the ball rolling with the divorce etc.

I am thinking about doing it myself to save money. Does anyone have any experience, tips, things to watch out for etc?

Just had a telephone consultation with one of these online divorce firms and they mad eit sound like there are amillion and one pitfalls which can end up being costly - obviousley she wanted my business so she was bound to ham it up a bit. She also said the whole process has changed as of today!

My particulars are as follows:-

Seperated for two years - all completely amicable.
We have a 7 year old daughter who lives with my wife, stays with me twice a week and I pay approx 11% of my takehome pay as child support.
Have a new partner and a 3 month old baby son and we hope to get married next year sometime.
My business went under during my split up two years ago and I subsiquently lost everything, house, car etc - no savings or proprty to speak of and I have been declared officially bankrupt since last may.


Any help very much appriciated.

Thanks.
 
If the split is amicable and you can, then I'd suggest you agree a fair division of assets between yourselves. Doesn't sound like there will be a lot to divide due to circumstances but I'd pay attention to what happens in the future also so that if either of you should come into money (won/inherited/earned) that the percentages paid can only be varied with the agreement of both parties.

You'll need a solicitor to draw up the divorce agreement probably but the ideal situation is that they're simply putting down in writing what you've agreed between yourselves as fair. Get them to check that it's not liable to be voided in a court of law because of errors/omissions but beyond that provided you both continue to act as adults then hopefully it won't be needed.

I'm not 100% on the English system or the more recent changes to divorce law but you used to be able to get a simple divorce based on two years separation with consent (from memory this was proposed to change to one year but I don't know if it did).
 
If you have a pension fund built up during your marriage, that could be split to give each of you a smaller pension.
 
I used http://www.divorce-online.co.uk/ really took the pain out of it!..

I would recomend them to anyone!, they basically (for a small fee) supply you with all the required paperwork, and you just fill it out, send it back, and 12 weeks later you Naisai pops through the post, followed a few weeks later by your Absolute!..

No too-ing and fro-ing with Solicitors charging upward of £200/hour and stiring the pot to make more money for themselves!!

On a further note, if you've been separated for over 2 years its a very quick process which shouldn't need solicitors anyway!!..

Click my link above and have a chat!.. they are impartial, and don't charge for advice!!..

Otherwise some Solicitors will do a Free Half Hour consultation!.. but they might not tell you much till you fork over the reddies!!
 
I did the Diamond Plus Managed, included a 'Consent Order' which is a Legally binding document for sorting shared payments etc..
 
Get a solicitor, a good solicitor if you have any money at all worth talking about.
 
Its_Me said:
If you read the thread you would see he has none
Click to expand...

DM said:
Maybe he didnt want to declare everything on the forum.

Anyway i stand by what i said, get a solicitor.
Click to expand...
Nope no assetts or money other than what I have coming in monthly and my Y reg renault megane.

Can't really afford a solicitor - want to make it as cheap as possible!
 
DM said:
Maybe he didnt want to declare everything on the forum.

Anyway i stand by what i said, get a solicitor.
Click to expand...

He's been declared bankrupt. If he's had some stuff squirreled away then not declaring it on the forum is the least of his concerns.

But yes - he should get a solicitor.
 
I will definately make note of this.

I've been trying to do everything off my own back in current situation as can't get legal aid and can't afford a solicitor.

There are lots of pitfalls. One thing i would definately make sure of is that you have a signed and legally binding deed of separation. This will essentially highlight an agreement relating to property etc.

Also with 11% of pay as maintenance i'd seriously watch that as if she goes to the CSA its 15%. But as you have another child this should reduce. Also you have your daughter 2 nights per week so that would reduce the CSA amount.

Good luck i know i'll need it...
 
RaohNS said:
I will definately make note of this.

I've been trying to do everything off my own back in current situation as can't get legal aid and can't afford a solicitor.

There are lots of pitfalls. One thing i would definately make sure of is that you have a signed and legally binding deed of separation. This will essentially highlight an agreement relating to property etc.

Also with 11% of pay as maintenance i'd seriously watch that as if she goes to the CSA its 15%. But as you have another child this should reduce. Also you have your daughter 2 nights per week so that would reduce the CSA amount.

Good luck i know i'll need it...
Click to expand...
I'm actually following the CSA guidelines at 11%. I the calculator on their website to calculate how much to pay each month as my pay varies with commission.
 
RaohNS said:
I will definately make note of this.

I've been trying to do everything off my own back in current situation as can't get legal aid and can't afford a solicitor.

There are lots of pitfalls. One thing i would definately make sure of is that you have a signed and legally binding deed of separation. This will essentially highlight an agreement relating to property etc.

Also with 11% of pay as maintenance i'd seriously watch that as if she goes to the CSA its 15%. But as you have another child this should reduce. Also you have your daughter 2 nights per week so that would reduce the CSA amount.

Good luck i know i'll need it...
Click to expand...

Where's that guy with the "Definitely" sig when you need him? :D
 
I did this a while ago, was completely amicable and I did it all through the courts myself.
 
Can't offer any advice cos I'm happily married, but 11% that seems a very small amount. Is your ex OK with that? Does she have any money, is she likely to get a solicitor?

What you should be concerned is not losing any of your assets, which you have none of, but about is a hearing in which you'll end up getting cleaned out on future child maintenance payments.
 
Joebob said:
Was it fairly easy? I don't want to pay someone just to fill in some forms if that's all it's going to take!!!
Click to expand...
If its totally amicable,yes its very easy and straight forward from what i can remember, we had to get a solicitor involved in the end though, due to selling the property etc, so i think at some point you will have too.
 
You must log in or register to reply here.
Back
Top Bottom