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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.

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How do you do a DIY Divorce?

  • Ladybird22
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12 Feb 08 #13710 by Ladybird22
Topic started by Ladybird22
How does one go about a DIY Divorce? Does this mean a solicitor is not required and you can apply for the correct forms direct from the Court? Is this a good idea?


  • mike62
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13 Feb 08 #13721 by mike62
Reply from mike62
DIY divorces are great if both parties are absolutely agreed about divorcing, the reasons for divorcing and about how the marital assets and future arrangements are going to be split or dealt with. Even in a DIY situation it is better for both parties to seek independent leagal advice, so there is no chance of the issues being re-opened at a later date, because one or other feels the other has 'got one over' on them.
Best of luck

  • Ladybird22
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14 Feb 08 #13933 by Ladybird22
Reply from Ladybird22
Thanks Mike. What do you think about the on-line managed divorces? I haven't checked them out fully yet but they seem reasonable and as there are no complications in my case - no children, just the division of the proceeds from jointly owned house which is already on the market and we have agreed 50/50.

  • Louise11
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15 Feb 08 #13946 by Louise11
Reply from Louise11
Hi Ladybird

My advice is do it yourself. Go to the Court ask for a divorce pack! In that divorce pack are all the relevant notes and forms with examples on how to fill them in or download them off the court website! Pay the relevant fee and hey presto 3months and one day later divorce absolute is ready for you to collect for a fee of course!

Now the thing is here, any finances need to be sorted before that absolute is granted. (Things like widows part of any spouses pension, you lose the right to after absolute.) If everything is honky dory like it was in my own divorce then its as easy as that!
However I and my ex husband have not got a Clean Break order. I dont feel the need for one because if i were to win the lottery years later I would still give my ex husband a share, because I like him and we are best friends! I also could not go "after him for any other money I may feel I lost out on, because I remarried.
Now the fun begins "IF" at a later date either one of you decide you were ripped off by the other one, if you didnt seek legal advice at the time of the divorce it can still be reopened at Court if the other one applies for Ancilliary relief!
To get round this you could always draw up your own clean break order, have a Solicitor look it over and get it rubber stamped by a Judge! You could even make an application to the Courts asking for a Judge to stamp it without the need for a Solicitor but a "good" Judge will ask you both in front of him/her to ask if you both agree it, he/she should also ask you both and may insist on you both seeking legal advice if hes not happy with the responses.
My total honest advice is Do it yourself, it is far cheaper and easier, especially if you and your sx2b are on friendly terms and the biggest thing its a lot less headache!

Kind ones

  • maggie
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15 Feb 08 #13972 by maggie
Reply from maggie

  • Fiona
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15 Feb 08 #13978 by Fiona
Reply from Fiona
I agree with him. In my experience being a LIP is OK when matters are straight forward but with a long marriage where assets have accumulated and children are involved LIPs really don't do themselves any favours and are far more like to make serious mistakes. One academic study found in admin and procedural matters alone LIPs make serious errors in 6% of cases and sols in 1%.

  • Vail
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15 Feb 08 #13979 by Vail
Reply from Vail
Thanks Maggie,

What the judge is saying is, "Don't have your case held at Barnet".

He is out of touch. Does he seriously think everyone who self-repps actually has a choice in the matter, or those who do choose are fundamentally stupid?

His last comment, "Don't you think you deserve better" is so patronising that it brings the judiciary into disrepute.

I actually feel physically sick now.

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