DIY Divorce – itsfinished.com

DIY (do-it-yourself) divorce

Embarking on a DIY divorce involves several key steps to ensure the process is handled correctly. First, confirm that you have been married for at least one year, as this is a legal requirement for divorce. Under the no-fault divorce system, you must also establish that your marriage has irretrievably broken down, which is the sole ground for divorce.

Additionally, either you or your spouse must be a resident of England or Wales, or have a significant connection to the jurisdiction. Meeting these criteria is essential for proceeding with a self-managed divorce and ensuring that your application is valid.

Note, even if you’re handling the divorce yourself, it can be helpful to consult with a solicitor for advice on complex issues, especially concerning finances or children.

Here is the process for your DIY divorce:

Prepare your documents

– Marriage Certificate: You’ll need your original marriage certificate or a certified copy. If it’s in a language other than English, you’ll need an official translation.

– Court Fees: Be prepared to pay a court fee (currently £593). If you’re on a low income or receiving benefits, you might be eligible for help with these fees (apply for fee remission using the EX160 form).

File the divorce petition

– Online Application: The simplest method is to apply online through the UK Government’s website. The online service will guide you through filling out the necessary forms.

– Paper Application: If you prefer, you can complete a paper application (form D8) and send it by post to your nearest divorce centre.

Complete and submit the application

– In the application, you’ll need to provide details about your marriage, and confirm that it has irretrievably broken down. Under the no-fault system, you don’t need to give reasons like adultery or unreasonable behaviour.

– You can choose whether to apply individually or jointly with your spouse.

– Once completed, submit the application online or by post, along with your marriage certificate and the court fee.

Wait for the Acknowledgment of Service

– If you applied individually, your spouse (the respondent) will be sent a copy of the application and an acknowledgment of service form. They have 14 days to respond, confirming receipt of the application.

Apply for the Conditional Order (formerly Decree Nisi)

– Once the court has processed the acknowledgment of service, you can apply for a Conditional Order, which confirms that the court sees no reason why you cannot divorce.

Apply for the Final Order (formerly Decree Absolute)

– Six weeks and one day after the Conditional Order is granted, you can apply for the Final Order, which legally ends the marriage.

Finalise Financial and Child Arrangements

– It’s advisable to settle financial arrangements and child custody agreements before applying for the Final Order. If these are unresolved, you may want to seek legal advice.

Receive the Decree Absolute

– Once the Final Order is granted, your marriage is legally dissolved

Additional Tips:

– Seek Advice: Even if you’re handling the divorce yourself, it can be helpful to consult with a solicitor for advice on complex issues, especially concerning finances or children.

– Use Mediation: If you and your spouse disagree on any issues, mediation can be a cost-effective way to resolve disputes without going to court.

– Keep copies of all documents and correspondence related to the divorce. Staying organised will help you manage the process more effectively. Once granted, keep your Decree Absolute somewhere safe – you may need it for the bank etc. and if you get married again.

– Ensure you meet all court deadlines, as missing them could complicate the process. By staying proactive, you can navigate the divorce smoothly.

This process is for England and Wales. If you are in Scotland or Northern Ireland, the procedure will differ slightly, and you should consult the appropriate resources for those regions.