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Can and Should you do your Divorce online? |
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The simple answer to the above question is “yes”. There is absolutely no reason why people should not do their divorce paperwork using online websites. There is also no need to use a site that you pay for. The Gov.uk website (https://www.gov.uk/divorce/overview) has all the information you need and enables you to fill in the forms yourself for free.
Why therefore do people claim to have spent thousands of pounds on their divorce? It is because people confuse resolving the financial issues with getting a divorce. It is actually possible to be divorced and never resolve your financial issues. The potential risk with doing this, however, is that if you come into money in the future your ex can claim against this. By way of example Mr Vince who after his divorce made millions through his company Ecotricity, a green energy company with a vast wind power portfolio, and over 20 years later faced paying his ex, Ms Wyatt, a lump sum from his fortune.
Resolving financial issues with your ex is important if you want to ensure you do not run the risk of claims being made in future. The order should deal with all aspects of your and your ex’s finances, including income, capital and pensions. It is therefore sensible to have legal advice about what order is appropriate and ensuring that assets, for example pensions, have been properly valued. It can be very difficult to appeal an order if you have entered into it, having had the opportunity to take legal advice and chosen not to. It does not have to be expensive. If you and your ex are agreed, and the solicitors are happy with the settlement, it should not take more than 3-5 hours’ worth of time to have all the paperwork drawn up and an order approved by the court. So in summary, yes do the divorce yourself, but take advice about any financial agreement and have it properly drawn up as a consent order to ensure that it is binding.
Top tips when drafting the petition
1. Ensure that the names of you and your ex are spelled correctly.
2. In the place of marriage details (Part 2) ensure that you copy the details on the marriage certificate exactly as they appear including the place of marriage, so for example “The Registry Office in Tunbridge Wells, in the District of Tunbridge Wells, in the County of Kent” (it is sensible to have the punctuation and capitals also exactly as they appear on the marriage certificate).
3. When you send off the petition ensure you send the current court fee and check the Gov.uk website as to what this is. If you want your ex to contribute you need to tick the costs box.
4. Tick all the financial claims on the final page. Even if some are not applicable in your case they should all be ticked, so that if you agree a final order dismissing claims, this can be approved without you needing to complete a further application form.
5. If petitioning on the basis of adultery you will need to confirm that adultery has been admitted in the last six months, or is continuing if it is over six months since the admission. With an adultery petition your ex must admit the adultery alleged when he/she completes the acknowledgement of service form so check this before petitioning on this basis.
6. If you are petitioning on the basis of behaviour, make sure you include about five examples and it is a good idea to check your ex is in agreement to the examples that you are including to avoid the risk of a contested divorce. Please note it is not possible to petition on the basis of irreconcilable differences. Whoever petitions will need to give examples of the other person behaving unreasonably.
7. If you are petitioning on the basis of two or five years’ separation it is possible to have two households at the same address but do specify what date you separated and confirm that you have not shared any aspect of marital life (i.e. you have slept in separate bedrooms, done your own domestic chores and not socialised or eaten together).
Top tips for keeping costs down with regard to financial matters
1. When you go to see a solicitor go armed with all the information you have about the finances, including if possible cash equivalent transfer values for your and your spouse’s pension.
2. If possible, talk to your ex about your respective priorities so that you know if, for example, one of you wishes to retain the house and the other more of the pensions. This will enable your solicitor to take your respective priorities into account when giving you initial advice.
3. Explore with your solicitor the best way of resolving the case. It does not have to be correspondence through solicitors, it might be you and your ex discussing direct (having had initial advice), seeing a mediator together or, if you have a collaborative lawyer, you and your collaborative lawyer sitting round the table with your ex and his collaborative lawyer to talk through the options.
4. Before you go to see your solicitor have a look at Forms E (http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-e-eng.pdf) and the Statement of Information (http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d081-eng.pdf). The Form E is the form that is required if an application is made to the court for a judge to decide the financial settlement (and may be voluntarily exchanged if trying to resolve out of court). The Statement of Information is the shorter form that is required before a court can approved an agreed order.
Written by Kirstie Law Solicitor, Collaborative Lawyer and Mediator
at Thomson Snell & Passmore. Visit www.ts-p.co.uk for further information.
PHOTO CREDIT: BEST BECKO
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