Divorce proceedure please

[chinup2011]

Please could anyone explain the proceedure of divorce very simply. Could there ever be a position where one party proposes a settlement agreeable to the other party, without the need for a solicitor.
How does one start the process off?

[prism]

You definitely can do it. You just go to the family court and get a D8 form, and file it. You file it, and if it's unopposed (which obviously it would be) you get the Decree Nisi a few weeks later, which means that you are divorced. Most divorces have three parts- that bit, the financial arrangements, and arrangements for the children, if any. You don't have to make any financial or children arrangements through the court if you don't want to, but it might be an idea to apply for a "consent order" which means that the court rubber-stamps whatever you have agreed between yourselves. This doesn't cost much, and doesn't need a solicitor. If you do that it's harder for one person to change his or her mind and demand money or more/less time with the children later on.

One unfortunate bit is that however amicable the divorce, you have to put grounds for the divorce into the petition, so one person is going to feel accused- be sensitive about it; you may both know it's only a formality but it may not feel like that when it's in black and white.

But you definitely can do it, and since you have to agree on everything one way or another, in the end, it's a good way to start. Family court judges love couples who aren't rowing, so they'll be very happy to help you and de-mystify the process, well, they certainly should.

[STIDW]

If you are prepared to do some research and form filling it's possible to do the actual divorce yourself. The sticking point is the finances.

Both parties can agree a financial settlement between themselves but most people will need a solicitor with knowledge and experience of family law to draft the agreement into a consent order. This is submitted to court along with a a simplified financial disclosure and court fee for approval. A judge will ensure the order is fair (ie complies with the law) and once signed off a consent order is legally binding.

Without a consent order either party can potentially make financial claims against the other in the future.

[chinup2011]

Oh thank you both, that is a good deal clearer, I feel a bit more positive now.

[MOSagain]

Sorry but I have to disagree with prism. You file it, and if it's unopposed (which obviously it would be) you get the Decree Nisi a few weeks later, which means that you are divorced Sorry but firstly how do you know it will be unoposed? The respondent may ignore the petition and refuse to file the acknowledgement of service form.

More importantly, You are NOT divorced when you get the DN. You have to wait for a minimum of 6 weeks and 1 day before applying for Decree Absolute. It is only once DA is pronounced that the divorce is final and you are actually divorced.

I also don't agree that you don't need a solicitor to prepare a Consent Order. If the document is not worded correctly you may find that it may not reflect what you intended the outcome to be. Also, it is not simply 'rubber stamped' by a judge. The judge will need to consider the Consent Order carefully and be satisfied that the agreement is fair and reasonable. If the judge is not satisfied he or she will not ratify the agreement.

Although it is relatively simple for a layperson to represent themselves in relation to the main suit (divorce itself) and possibly any children matters, I would say it would be virtually impossible for a layperson to draft a Consent Order that would satisfy a judge.

[RedHelenB]

One of the key questions is if you have taken legal advice & of one partner has & the other hasn't a judge can call them in to make sure they fully understand what they have agreed to. This is less likely if it is an even split however.

[nocake]

I also would strongly recommend that you get a good solicitor to draft the consent order. You can agree the terms with your ex prior to going to the solicitor but it's very important that it is drawn up correctly. I have a friend who had hers drawn up by an incompetent solicitor and it cost her £1,500 in lost child maintenance when she found she couldn't enforce it.

[MOSagain]

nocake that is awful about your friend but surely it was approved by the Court? Normally a good DJ would pick up on any potential problems in drafting