DIY Divorce – How complicated can it be?

DIY Divorce

During lock-down, we have all become used to doing things for ourselves. Whether it is redecorating a bedroom or building something in the garden. Often this has become the only way to get something done, and given the extra time that many have on their hands, it makes sense to try it yourself. It also gives you a sense of achievement too, and even discovering a telent you never knew you had.

Online Divorce Application

Starting a divorce has never been easier, you just need to go onto the Government website, and press the “Start Divorce” button. Well, that is how some see it. If you know what you are doing, this can be an easy process, especially if your partner is in total agreement with the decision.

People are often unaware what they need to do before they start. You will need the following:

  • A readable full photo of your marriage certificate that you can upload.
  • An address for your spouse
  • One of 5 following reasons for the divorce:
    • 2 years separation with consent
    • Unreasonable Behaviour
    • Adultery
    • 5 years separation without consent
    • Desertion
  • Payment of up to £550

Common problems with DIY Divorce that arise

Often, applications get rejected if the data provided is not as expected. Photos of the marriage certificate are often rejected as they are unreadable and do not include the entire certificate.

Unsuitable reasons for divorce. If you cite “unreasonable “behaviour”, as the reason for divorce, you will then need to provide 5 instances of that unreasonable behaviour. Peoples perception of what is unreasonable is often very different. These 5 reasons need to convince the court that your marriage is beyond repair.

Your spouse suddently changes their mind, and decides to no longer go along with your decision to divorce.

Addresses supplied are incorrect or out of date. To get your divorce application to go through smoothly, providing accurate addresses for each party is essential. If you don’t know the address of your spouse, then you should really make every effort to find it. The courts will expect you to do this. They will require proof that you have done so too. If you cannot provide an address, then you will need to use a court processor to serve the papers at your spouses place of work or other address you can provide.

Making the court fee payment, is often a problem. People may not realise they are entitled to a reduced fee due to their low income. Even if they are aware they can apply for a reduction in fees, they do not realise that any fee reduction application is carefully checked with other government agencies.

Court Fee Calculator

To ge an idea of how much you are likely to pay, visit our court fee calculator that takes into account your income and number of children you have.

Finalising a settlement

The main reason doing own divorce becomes a false economy. Even after a couple divorce, they remain tied to one another financially. The only way to break these ties is to put a formal and legally binding court order in place.

Even if a couple agree on how everything should be divided, both parties retain a legal right to claim a portion of their former husband/wife’s future earnings… unless they get a Consent Order (often referred to as a Clean Break Divorce) approved by a judge.

Now, this poses a problem for those that are doing their own divorce because a Consent Order is not something that you apply for by completing a standard form. It is a long complicated application that needs to cover all finances, property and pensions. Both parties need ot agree to the terms defined in the consent order, and the judge will also ensure that the division of assets is deemed fair.

Contact Divorce Negotiator if you feel you need help applying for divorce. Call on 0800 177 7702

DIY Divorce – How complicated can it be? was last modified: May 25th, 2021 by John Fuller

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