Divorce without solicitor
- What are the benefits of getting a divorce without solicitor?
- How do I go about filing for divorce without a lawyer?
- Quick way of how to get a divorce without a lawyer?
- Considerations on how to get a divorce without a lawyer?
- Tips on dealing with a divorce without solicitor
- What not to do when divorcing without solicitor?
- What are the disadvantages of getting a divorce without solicitor?
Many separating couples are unaware that they can obtain divorce without solicitor. Divorce can often be stressful and emotional. Separating partners may not be able to think clearly and often rush to see solicitors to discuss their divorce. Many people do not consider the possibility of filing for divorce without lawyer. You might be wondering how to get a divorce without a lawyer. This is possible if you and your partner agree on the divorce, and on the reason why. If this cannot be agreed it can take more time and money than if both partners agree.
What are the benefits of getting a divorce without solicitor?
If you are considering how to get a divorce without a lawyer then you may want to consider the advantages, some of which are:
- You will save money on legal costs, which in turn could be used to resolve any financial settlement issues.
- Both partners remain amicable if they communicate and action their divorce together without involving solicitors.
- The divorce process can conclude quickly as you will not be dealing with lawyers who usually communicate with your partner or their solicitor in writing and await their response. Talking to each other directly will speed things up and cut out any misunderstandings.
How do I go about filing for divorce without a lawyer?
Prior to filing for a divorce without a lawyer you need to ensure you are eligible for a divorce. You do not want to be in a position where you make a divorce application to only for it to be refused.
In order to obtain a divorce, you must have been married for at least 12 months. You must also have valid grounds of divorce and must be settled in England or Wales.
In order for filing for divorce without a lawyer you will need to ensure you accurately complete the D8 petition. This then needs to be submitted to the family court together with the application fee.
The second stage for filing for divorce without solicitor is the acknowledgement of service. The court will send your partner a copy of the divorce petition along with and the acknowledgement form which needs to be signed and returned by your partner.
The next stage is the interim divorce certificate, which is called the decree nisi. This confirms you are entitled to a divorce which will be made final after a period of 6 weeks following the making of the decree nisi.
The final stage of filing for divorce without a lawyer is the Decree Absolute. At this point, unless there has been a change of your decision to divorce, you should apply for your decree absolute. This is the legal document that officially dissolves your marriage.
Quick way of how to get a divorce without a lawyer?
In order to obtain a divorce quickly without a lawyer both you and your partner will need to sit down to reach agreements regarding the divorce itself. The main consideration here is to try and discuss the ground for divorce. This is extremely important as it prevents your partner from contesting the divorce and your partner will not argue on your grounds for divorce. If you are able to agree the grounds of divorce you do not need to worry about consulting lawyers to deal with a contested divorce and can save on legal fees.
You should also try and agree how assets will be distributed following your divorce. A good starting point is to sit down with your partner and make a list of all the assets and place a valuation on the assets. Once you have done this you can both see the amount of finances that are at stake and could quite easily discuss which assets will be acquired by each partner and amicably resolve this issue.
Quite often issues surround any children from the marriage may delay a divorce process. If child issues cannot be resolved amicably you may need to go to court in order for them to decide on child arrangements. You need to be aware that you children will need to be cared for. You should try and decide prior to your divorce as to whom will have custody of the children and who will pay child support. It may also be useful to try and discuss when each parent will spend time with the children and this negates the risks of conflicts and could provide you with stability so you can plan your routine and life around your children.
Considerations on how to get a divorce without a lawyer?
One of the best ways to achieve a divorce without solicitor is to ensure both you and your partner co-operate with each other and avoid disputes. Quite often non co-operation together with arguments and divorce can increase the time it takes to resolve your matter. This will do nothing but create bitterness between you and prevent you from moving on with your personal lives.
In order to get a divorce without a lawyer you need to ensure both partners expectations are realistic. Having realistic expectations will make negotiations with your partner easier and could lead to saving costs on legal process.
A useful technique to get a divorce without a lawyer is to create a timeframe with your partner and stick to it. If your divorce is taking much longer than expected you run the risk of escalating costs and not being able to amicably resolve matters. It is advisable to create a timeframe which lists covers the different practical and legal tasks you need to complete your divorce. By following this tip, you are likely to stay in control of your divorce and will have the momentum to get all the issues sorted. This is often very useful when considering finances and children. You can note down all the assets and decide on when to assess each asset to try and reach a settlement on which party will acquire the assets. In relation to children a timetable can be created as to when each parent will have custody or contact with the children which can offer stability and assurance to both you as the parents and the children.
If you intend to resolve financial matters, you should sit down with your partner and list and agree the value of the items you own. You will also need to detail any financial commitments you each have. If both you or your partner have pensions then you should look to obtain the value of the pension from the outset as this can take long time to arrive. You should also look to obtain your bank statements to ensure you both have information surrounding your finances to attempt to reach an agreement.
Tips on dealing with a divorce without solicitor
Once you have made the decision to carry out a divorce and are looking to divorce without solicitor then read the helpful tips below provided by our divorce specialists.
Ensure you can reach an agreement with your partner – the key to successfully obtaining a divorce without a lawyer is that you are amicably able to agree on all issues. Ensure you are satisfied that you have complete information on your matrimonial assets and finances, and you are comfortable with arrangements for your children. This will help deal with your divorce quickly and swiftly.
Be prepared to spend time and set aside emotions – Divorce can often be time consuming as stressful. You need to ensure you set aside time to try and reach agreements and solutions with our partner. You also need to ensure you don’t allow your emotions to overflow which will allow you to think and plan your divorce with a clear head.
Be prepared to seek legal advice – carrying out a divorce without solicitor may not be for you if your spouse has feelings of anger or deception. Quite often spouses who are angry may not be amicable to a divorce and this could delay your divorce. Furthermore if there is any feeling of deception or you feel your partner is hiding their assets or not being forthcoming regarding their finances then seek help. You may not be able to identify issues with regards to finances which a legal adviser may be able to identify and assist with. Remember you want to ensure you obtain what your entitlement is.
Don’t be afraid to seek mediation – You may not be able to reach an agreement on all aspects of your divorce. If you are unable to agree on absolutely everything don’t be afraid to consult with mediation. Mediation offers the opportunity for an independent person to try and assist with reaching an agreement. At Kabir Family Law our specialists can act as mediators and can also provide advise on any aspect of your divorce.
What not to do when divorcing without solicitor?
Our divorce law specialists have compiled the following tips on what not to do when divorcing without a solicitor. These are listed below and should assist you in your divorce matter.
- Don’t be put off filing for divorce yourself – Filing for a divorce is a lot quicker and easier than you may think. You will find that getting a divorce is largely and administrative process and providing you complete the paperwork accurately the process should be easy.
- Do not forget to revoke your will – divorce does not automatically revoke a bill. You will need to update your will if you do not want your partner to benefit from your will.
- Don’t argue with your partner – Constant arguing and partner can often cause the divorce to become acrimonious. Avoid blaming each other as this will only delay the divorce process.
- Do not take your emotions or anger out on your children – Remember divorce is not just impacting your life. Divorce also effects children from the marriage. Children may be suffering emotionally, and they do not need added pressure or stress. Causing stress and pressure on your children could lead to long term psychological effects which can be harmful.
- Don’t forget about your finances. Financial settlements often form a large part of the divorce process. It is important you consider the assets and finances of the marriage to ensure they are addressed and not forgotten about. If you fail to resolve any finances and remarry then you may lose your entitlement to any assets and finances which you may have been entitled to.
- Don’t let your emotions get the better of you – divorce can be very emotional and stressful. It is therefore important you control your emotions to see the bigger picture. You need to ensure you rightfully obtain what you are entitled to and complete your divorce swiftly. This will allow you to move on with your personal life.
- Don’t be afraid to obtain legal advice – although legal advice can be costly it can be beneficial. Remember you do not need to seek advice for the whole process. You can just obtain advice for the important issues such as finances. By doing this you will ensure you obtain what is rightfully yours and are not left in an unstable position following your divorce.
What are the disadvantages of getting a divorce without solicitor?
Although there are numerous advantages of getting a divorce without solicitor there are also disadvantages. Some of the disadvantages and issues which you may encounter when getting a divorce without a lawyer are:
- Your partner may refuse to co-operate with the divorce knowing that you do not have any legal representation. With assistance of solicitors or family advisors your partner will receive formal correspondence which can often prompt them to respond to which can help accelerate the divorce process.
- If your partner is abusive or threatening, your representative can make applications alongside your divorce to help protect you and any children you may have. It can often be quite dangerous to try and negotiate alone with a partner who may be abusive.
- If your matrimonial assets are significant and complicated, your legal representative can assist you in reviewing the assets and understanding your options.
- Your partner may look to hide assets or transfer assets to try and keep these away from you and the settlement. Legal advisors can help you get freezing orders to ensure no assets are hidden from you or disposed of without your knowledge.
- The use of a solicitor or a legal representative can be quite reassuring. Your representative will fight your corner and will attempt to ensure you receive the best deal possible and the best outcome for your divorce, financial settlement and child law issues.
Contact us today for a consultation on your family law matter
We are proud to have the national strength to deal with all kinds of family law matters with family lawyers in York, Manchester, London, Newcastle and Northampton. Our divorce law specialists possess a vast amount of knowledge on divorce ad can assist you at any stage of your divorce.