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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


no kids, no money to split, both agreed to divorce

  • wantitfast
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09 May 12 #329528 by wantitfast
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Hi everyone,
I know I am supposed to ask a professional to answer my question. But the thing is it''s been 1 year and 4 months that I got married to my husband and we cannot carry on the way we are. It''s unbearable , he has committed adultery and I am looking to file a divorce as soon as possible, and the way he treats me is so bad and getting worse every day. I am not working at the moment and I don''t want anything from him. We have no kids, no assets, no money/cash to split. So I''m wondering how long will it take to get divorced? I am not going to get a solicitor , because we both agreed to get divorced, and got nothing to share so no need for a solicitor. Also can I go to the County Court and get the forms to fill straight away, and is there a deadline that I have to fill and hand the forms in? or Can I take my time filling the forms?
Thanks for your help xx

  • rubytuesday
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09 May 12 #329531 by rubytuesday
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Welcome to Wikivorce, IM sorry you have a need to be here.

As you have been married for more than 12 months, you can begin divorce proceedings immediately - if you are absolutely sure that the marriage is over and can''t be salvaged, even with couple counselling?

As its a short marriage with no children, you would each leave with what you bought into the marriage. You could do the Petition yourself, or if you want someone else to deal with the forms and Court, then you might want to consider using a fixed price service, like the one Wikivorce offers.

A straight-forward divorce would take about 4 months to be completed.

You don''t have to rush into divorce, though, I would suggest you take some time to think about this, divorce is unpleasant at the best of times.

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09 May 12 #329534 by wantitfast
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Thank you so much for your reply, when I said to my friend that I assume it would take 3 to 4 months they said the waiting time alone is 6 months and I was shocked. I dont want to wait 6-8 months to get divorced. Well he has committed adultery a few months ago. I thought I would be OK with it but whenever we had an argument I seem to bring out that issue and I have been very unhappy since I caught his online hotel search for him and his girlfriend. I cannot look at him the same, the feeling of love and care is gone. I just want him out of my life. Been thinking about the divorce for more than 6 months now. So I''m definitely going to go for it, cos it''s getting quite worse we keep arguing the whole time about this.

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09 May 12 #329536 by rubytuesday
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Is he prepared to consent to a divorce on the grounds of his adultery? If not, or you are unsure, I would suggest you use Unreasonable Behaviour, and cite an inappropriate relationship with a third party as one of the examples.

I''m really sorry that things went wrong so early on in your marriage, but from what you have said, you have spent months thinking about your options, tried to make things work but to no avail.

Why not give the Wikivorce helpline a call on 0800 44668844 to talk through your options for divorce?

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09 May 12 #329560 by wantitfast
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another thing I''m worried about is the fact that I don''t have a job at the moment and my (hopefully soon-to-be-ex)husband wants me to pay for it . Because he earns about £1200 each month and after the rent and the bills , food, travel expenses etc, there''s about £300 left for the rest of the month. I don''t want to have to wait till I find a job to get a divorce. It''s quite depressing that I want to get divorced and so does he , but he says he doesn''t have the money to give the court fees and wants me to pay for it , knowing I got no money at all..I am not a UK citizen and before anyone gets the wrong idea I got married out of love not anything else , otherwise I wouldn''t think of having a divorce I''d stick by him to gain the citizenship but I don''t care about that and I''ll happily go back to my country when this marriage is over. I am wondering would I be exempt from these payments to court? And if I do , Do you think it would take them a lot longer to put my case to court , just because it''s going to be free they might not give their %100 and it would take longer , maybe??
Thanks for your help so much

  • rasher
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10 May 12 #329572 by rasher
Reply from rasher
Money has to be paid to get a divorce but given your circumstances I am not so sure you need to be ''divorced'' if you are already separated no kids etc the formalities are not necessary if you cant afford it. Move on with your lives and get the divorce when you can afford it - you seem in agreement about the separation so why the need to formalise it through the courts. Many people remain married but are not together unless either of you have significant assets or are likely to inherit some then you dont need to rush if the funds are not there

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10 May 12 #329575 by wantitfast
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Well the thing is I feel like there is nothing left for me to live or see here and I don''t want to live apart and still keep my spouse visa which would be wrong. I want to go back to my own country and carry on with my life there. I told that to my husband as well, but he wants to get divorced first cos he is afraid of me disappearing before getting a divorce and if he wants to get married to someone else he thinks he will have to chase after me for a divorce. Which isn''t the case cos I want to get divorced more than he does.

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