Our Blogs

Under certain circumstances, one spouse can divorce their husband/wife without them knowing. If spouses are estranged, unaware of where each other live and one attempts to find the other’s address but is unsuccessful following a comprehensive search, they may be allowed to end their marriage without the other party’s knowing – provided the divorce relies on the grounds of desertion, unreasonable behaviour or five-year separation.

What steps should I take to find my husband/wife?

As we’ve stated previously, the courts will expect any applicant that requests a divorce without knowing their spouse’s whereabouts to have made every reasonable effort to locate this person. As a result, there are several things that will need to have been done before the courts will even consider such a request.

Officially, the Ministry of Justice recommends that anyone in such a position contact their spouse’s relatives, friends, their last known employer or members of trade unions or other professional organisations. We’d also suggest that the local electoral roll be checked and, if all else fails, the services of a private detective be sought – preferably on a ‘no find, no fee’ basis. You can even contact your regional divorce centre and request that they liaise with other government departments to try and locate your spouse, though this will cost you a fee of £50.

If none of the above yields the desired result, then it’s possible to ask the court to grant a divorce without any documents being sent to the responding party.

How to apply for a divorce without your spouse’s address

If you want a divorce but don’t know your husband/wife’s address, you’ll need to complete form D13B and send this to the court along with the standard form D8. Provided a judge is satisfied that sufficient efforts to locate this person have been undertaken, they will allow the divorce to proceed without the need for them to be contacted.

Why neither two-year separation nor adultery can be used

A divorce that relies on two-year separation explicitly requires the consent of both parties whilst one dependent on adultery requires either the offending spouse’s confession (for want of a better word) or outright proof.

Naturally, a party cannot consent to the divorce if they are unaware of it. Adultery, on the other hand, is exceptionally difficult to prove when a spouse’s whereabouts are known and its virtually impossible to prove when this information is not available.

Conclusion

Provided someone has been unable to locate their spouse in spite of strenuous efforts to do so, they can indeed get a divorce without their husband/wife’s knowledge provided they’re relying on the grounds of unreasonable behaviour, desertion or five-year separation.

Quickie Divorce offer several packages ranging in price from £37 to £167. In addition, a filing fee of £550 is payable to the courts, though you could have this reduced or even waived entirely. You can find out if you can get help with the court fee for a divorce here.

Each of our packages include different features and are designed to meet the needs of various customers who are seeking a low-cost alterative to solicitors for their uncontested divorce. The details of each package – including their cost, features and the audience they were created for – can be found below:

Three Minute Download Service

Designed with those who are confident completing legal forms in mind, our Three Minute Download Service includes all of the forms required to file for, and obtain, a divorce. In addition, every client that purchases this service is provided with vector diagrams, showing precisely how each form should be completed.

This package costs just £37 and, once payment’s been made, all documents – including vectors and guides – can be downloaded instantly.

Personalised Service

For those people that want a little bit more help, our Personalised Service – available for just £67 – includes the completion of every form you’ll need.

Yes, that’s right, from the Divorce Petition right through to the application for a Decree Absolute, we’ll complete everything for £67. A single mistake on any form will result in not just a slower process but also further fees. With Quickie Divorce in your corner, though, you needn’t worry. If any document is rejected any stage (and this is highly, highly unlikely) we’ll take care of it – even if you need an amended Divorce Petition.

In short, customers that purchase our Personalised Service are provided with an extra layer of protection against financial loss. Our next package provides even greater protection.

Personalised Plus Service

As well as having all of their documents completed for them, customers that opt for our Personalised Plus Service will also benefit from the addition of a Consent Order – all for £167.

Typically known as a ‘Clean Break Divorce’ Consent Orders are used to finalise agreements that spouses have reached concerning the division of their finances and assets. Once finalised, the agreement becomes legally binding meaning that both parties are obligated to fulfil its various terms and, most importantly of all, are not able to make any future claim on their former spouse’s assets.

If the division of finances and assets is not dealt with, then spouses remain financially linked even after their divorce has been finalised. In some cases, awards have been made in spite of the fact that the parties had been divorced for several years and the assets claimed had been earned post-divorce.

Even if a couple have no assets to divide, we still recommend that a Consent Order be obtained as it is the only way to ensure that a claim cannot be made in the future.

Conclusion

Quickie Divorce offer three separate packages with costs ranging from £37 to £167. A court fee of up to £550 is also payable when filing though many people can have this fee discounted whilst others will not need to pay it at all.

Have you been looking into the divorce process in the UK? If you have, you’ll certainly have encountered the terms ‘Petitioner’ and ‘Respondent’. These terms are used to describe the roles each spouse will play throughout their divorce as it progresses through the courts – but how are they defined and what will each spouse actually need to do in order to get a divorce? Well, we’re here to tell you.

Which spouse is the Petitioner, and which is the Respondent?

In order to formally apply for a divorce, one spouse needs to complete a form (known as a Divorce Petition or form D8) and send it to their nearest divorce centre. The spouse that completes and submits this form becomes the Petitioner. The other spouse will receive a copy of the petition along with a form (known as a D10) that they’ll be asked to complete and return to the divorce centre that is dealing with the application. This spouse is the Respondent.

What else do the Petitioner and Respondent do?

Once they’ve completed and returned form D10 to the relevant divorce centre, the Respondent’s role in the divorce process itself is all but done. They may wish to become involved in the divorce at a later stage and should be involved with related matters such as the division of assets (more on this later) but the majority of the work is done by the Petitioner.

As part of the divorce process, the Petitioner will not only need to complete a Divorce Petition, but also at least three other forms. The Divorce Petition starts the divorce process, the Respondent moves it forward by completing and returning form D10 with the Petitioner responsible for fulfilling the remaining processes including the task of applying for both the Decree Nisi and Decree Absolute.

Do the Petitioner or Respondent pay the court fees?

Technically, as the court fee is paid at the point of submission (or shortly afterwards if the payment is to be made by card), it is the Petitioner that is responsible for paying it.

That said, when a divorce is amicable, there are numerous informal solutions. For example, Respondents that have agreed to pay the entire fee have transferred the money to the Petitioner’s account or paid it to them in cash. Other couples have agreed to split the bill and the Respondent has provided the Petitioner with the required funds. Some Respondents have even allowed the Petitioner to pay these fees with their credit cards!

If the divorce isn’t quite so friendly, the Petitioner can formally request that the Respondent be ordered to pay these costs. They’ll still have to pay the fee up-front, though. A judge will then decide if the Respondent should reimburse the Petitioner, either in fill or in part, at a later date.

We’d recommend that you check if you have to pay the court fee before filing, though. A lot of people don’t need to pay anything at all and even those that aren’t quite as lucky will need to pay significantly less than the full £550 fee. If you don’t claim, the courts will charge you the full fee so make sure you look into this and send a completed EX160 along with your Divorce Petition if you’re eligible.

Does the Respondent have to do anything else?

Well, they can file for the Decree Absolute if the Petitioner doesn’t do so within three months of them being able to do so (i.e. six weeks and one day after the date their Decree Nisi is pronounced) by completing and submitting form D36 to the relevant Divorce Centre. Importantly, though, they’re going to have to be involved in negotiations regarding the division of assets.

So, should I be the Petitioner or Respondent

In all honesty, there really is no distinct advantage to either. If you’re lucky enough to be pursuing a divorce that’s low-conflict, the only strenuous part of the application is completing a Divorce Petition that relies on a fault-based ground which – in uncontested divorces – is rare. Of course, if your divorce is amicable and you need to cite adultery or unreasonable behaviour, you can simply complete the petition together and share the burden.

Sadly, if the divorce is contested, it’s going to be a testing period irrespective of whether you’re the Petitioner or the Respondent.

It’s official: after years of cajoling, hinting and, well… harassment from those working within the field of family law, the government has relented, and no-fault divorce will soon be available within the UK.

Following this announcement, Quickie Divorce have been inundated with calls from people wanting to know if they should wait until the law has changed before they file for their divorce. As with most queries we receive, our answers differ depending on the circumstances of the person asking.

Fault-based divorce can still be amicable

We’ve written about how no-fault divorce is already possible when couples have been living separately for more than two years, but a divorce doesn’t have to be acrimonious when unreasonable behaviour or adultery are used.

Whilst critics of fault-based divorce have correctly stated that these grounds often make a divorce more acrimonious and adversely affect the parties involved, particularly children, it’s important to note that using them does not guarantee a difficult divorce.

Usually, these grounds lead to difficulties because one spouse is unwilling to accept that they were responsible for the end of their marriage which, considering that relationships rarely fail exclusively because of one person, seems pretty reasonable. Often, though, couples are able to agree that they will use these grounds and are able to obtain a divorce which, whilst it relied on fault, harmed neither them nor their children.

Why fault-based divorce is misunderstood

People make a number of inaccurate assumptions about fault-based divorce and these are often the cause of discontent and discord.

It is commonly believed, for example, that the reasons that are put forward when unreasonable behaviour or adultery is used will be made public. This is not the case and the UK’s courts are subject to the same data protection laws as any other company, organisation or institution and treat all information that is submitted to them with the utmost confidentiality as a result.

The most common misconception that discourages couples from using this ground concerns the divorce settlement. It is typically assumed that, if a fault-based ground is used to justify the divorce, that the spouse that accepts the blame will be adversely affected when the couple divide their assets. It’s a logical view, but it’s also false.

More often than not, divorce settlements are agreed without the need for the courts to determine who gets what. Even if a couple do need the courts to rule on the division of their finances, properties, pensions etc. the grounds of the divorce do not influence their decision in any way.

What if the divorce is contested?

As well as removing blame from proceedings, reformed divorce laws are also expected to prevent either party from contesting the divorce. In effect, this means that it will no longer be necessary for both spouses to agree to a divorce before the simple, standard procedure can be used.

Currently, a divorce can be obtained without both parties’ consent if the fault-based grounds are used or the couple have been living apart for five years or more. Using the fault-based grounds can be difficult, however, whilst – provided the person applying for the divorce knows where their spouse lives – doing so whilst relying on five-year-separation is significantly easier. They’ll need to spend some extra money on a process server to hand deliver the relevant documents to their spouse but, provided this is done successfully, finalising the divorce will be a straightforward process.

Conclusion

If both parties want the divorce and one is willing to accept the blame, there’s no need to wait for fault to be removed from the divorce process. Similarly, if a couple have been apart for more than two years, they can get a no-fault divorce now if they agree their marriage should come to an end.

The only circumstance under which we would recommend someone wait for changes to be made to the UK’s fault-based divorce laws would be if they’ve been separated for less than five years and one spouse does not agree to a divorce.  

Once a divorce has been finalised, many people want to revert back to their maiden name as soon as possible. In spite of this, a surprisingly large number of people keep their married name. Not because they want to, but because they don’t know what they’ll need to do in order to officially revert back to their former surname.

The good news is that changing your name post-divorce is surprisingly easy. What’s more, once this has been done, changing the name companies, organisations and public bodies hold on you is also straightforward.

You’ll need a Deed Poll

The majority of service providers and public institutions will be able to change a person’s name after they’ve been provided with proof of the fact they are now divorced (i.e. a Decree Absolute). Others, though (usually financial institutions like banks and building societies) will also request a copy of your marriage certificate. As it’s necessary to submit this document to the court as part of any application for a divorce and it is not returned following the process having concluded, however, this poses a problem.

Should someone wish to change the name with such an organisation, they are left with two options: order a replacement copy of their marriage certificate or get a Deed Poll.

We’d always recommend people get a Deed Poll following a divorce because the process of obtaining one is quick, simple and cheap. Usually, an informal Deed Poll can be prepared without assistance (though you’ll need two people to sign the form as witnesses), meaning that it’s completely free. You can find the wording you’ll need to prepare your own Deed Poll here.

What if a Deed Poll you’ve prepared yourself isn’t accepted?

Whilst most companies and organisations will be happy to accept a Deed Poll you’ve prepared yourself as proof of the fact your name has changed, some will require something more official.

Under such circumstances, a Deed Poll that has been approved and issued by the courts (known as an enrolled Deed Poll) will be required. Getting one is relatively straightforward but will involve completion of a standard form. You’ll also need to pay a fee of £36.

Do I need to change my name following a divorce?

In short, no; there is no obligation, legal or otherwise, for someone to revert to their maiden name following a divorce. The decision to retain their married name or return to their former name is entirely personal.

Many people opt to keep their married name in order to have the same surname as their children. Others have been married for several decades and are concerned that most people have never known them by any other name. Some even retain their married names because they simply see no need to go through the hassle of changing it.

Are there any benefits to changing your name following a divorce?

Whilst there aren’t any overly obvious benefits to changing your name after your divorce has been finalised, many people claim that doing so is cathartic.

Changing their name, they claim, helps them to move on; to view the end of their marriage an opportunity to begin a new, happier life and to think of the end of their marriage in a more positive way.  

Ultimately, it is entirely up to you whether or not you should change your surname following your divorce.

 

It’s more than likely your biggest asset so, if you and your spouse are separating or divorcing, you’re probably concerned about what’s going to happen to your home. During what is already a very difficult period, such concerns can bring about discomfort and anxiety. In fact, our team are contacted by people who, having made the decision to divorce/separate, want to know which party will be responsible for paying the mortgage on a daily basis. In each instance, these queries are met with the same response:

Do you have a joint mortgage?

As mortgage applications are far more likely to be approved if they are made jointly by both parties, the majority of couples apply for and are granted joint mortgages. Both are therefore responsible for ensuring that the mortgage is paid; this does not change because one person leaves the property.

It’s becoming increasingly common for couples to separate but remain in the matrimonial home and, when such circumstances apply, both parties will have sufficient reason to continue to pay their share of the mortgage. When one leaves, however, that person is often reluctant to pay for a property they no longer live in. If the remaining party can afford the monthly payments, then this is – whilst certainly irritating – not going to result in their eviction. If they cannot, however, this can lead to a significant problem that will adversely affect both parties long-term.

As we’ve stated previously, both parties are responsible for ensuring their mortgage is paid in-full and on-time and their credit ratings will suffer if payments are missed. They may even find that their lender takes them to court to try and retrieve any money they are owed.

If the non-resident party are unwilling to pay their share of the mortgage, we’d strongly recommend that the lender is informed of this and a ‘payment holiday’ requested. This will buy both parties some time to negotiate and arrive at a conclusion that works for everyone.

What you can do with your home/mortgage when getting a divorce

After a couple separate, there are a number of things that they can choose to do with the matrimonial home. These include:

1. Sell it

If the couple opt to sell the property, they can divide the equity after they’ve paid off what was left of the mortgage.

This is a straightforward solution but, thanks to things like estate agent’s fees, it’s not cost-effective. It’s also highly-disruptive for children.

1. Transfer the mortgage to one party

Should a couple agree on who’ll live in the property, the residing spouse can pay their husband/wife a lump sum for their share of the home and request that their lender remove this party from the mortgage.

Before doing this, it’s vital that the relevant individual ensure that they’ll be able to afford the monthly payments and their other expenses. Failing to do so can, and has, caused many people significant problems.

If the lender deems transferring the mortgage to just one party to be too risky, then a guarantor mortgage could be the answer. With these mortgages, a close relative or even former spouse guarantees that they’ll pay the mortgage if the holder finds themselves unable to. Whilst this’ll significantly increase the likelihood of a lender transferring a mortgage to one party, though, the guarantor will certainly be taking a considerable risk and a better option could be:

1. The non-resident spouse continues to pay the mortgage

Now, this may sound unappealing but bear with us for just a moment; we’re not suggesting that the non-resident spouse continue to pay the mortgage indefinitely and for no reason. Instead, they can continue to pay the entirety or a portion of the monthly fee in exchange for a share of the property’s equity. This can – and really should – be accompanied by a Clean Break Order that states what percentage of equity they’ll have, as well as a deadline for the property to be placed on the market by way of a guarantee.

1. Pay off the mortgage

Again, this one might sound nonsensical but, if the mortgage could be paid off in a few years, both parties should continue to pay it as normal. This would need to be combined with a Clean Break Order specifying what percentage of the home both spouses would have and whether it would be sold at a later date and the proceeds divided, or whether one party will instead purchase the others share. 

How to deal with negative equity when divorcing

Negative equity, which occurs when the value of a home is less than the amount owed to a lender, makes it virtually impossible to sell a property and pay off the remaining mortgage with the proceeds.

Under such circumstances, it can make sense for both parties to continue to pay the mortgage even if one no longer lives in the property. If the value of the property has diminished due to a slump in property values, continuing to pay the mortgage until the market recovers can make fiscal sense. A Clean Break Order stating when the property should be sold and how the proceeds will be divided should be obtained, however.

What if you can’t agree on what to do with your home after divorce

Couples that are able to agree on what they’ll do with the family home after they separate will enjoy several benefits, chief amongst which are significantly smaller legal bills and less conflict. If an agreement cannot be reached, however, then both spouses should seek legal advice. It will cost them but, ultimately, it’ll will be money well spent.

Conclusion

The person or persons named on the relevant mortgage will be responsible for ensuring that it is paid irrespective of whether they reside at the relevant property or not.

Beyond this, deciding on what to do with their home following a divorce is a task that most separating couples find to be problematic – but there are a number of options available to them.

The best course of action will be determined by the couple’s circumstances and, whilst it’s always recommended that they try and reach a decision without a solicitor, it’s advisable that they do if negotiations get difficult.

More often than not, a couple’s home is their biggest financial asset and it’s vital that what they do with their home during a divorce is fair and meets the needs of both parties as much as possible.

To some, the question ‘who gets custody of the dog after a divorce?’ will be deeply trivial; the divisions of assets such as property, savings and pensions are, they’d argue, key to a settlement and everything else is superfluous. To others, the destination of the family pet is more important than anything.

Herein lies the rub: a dog, cat, goldfish or any other pet is, within the context of a divorce settlement, considered to be a possession. Whilst the separating couple will be concerned with their pet’s wellbeing, the legal system views the animal no differently to a car or television. This means that the creature’s welfare will not be considered if the courts are asked to rule on where a pet should live.

Should a divorcing couple be unable to agree on residency arrangements for a pet, it’s likely that the court will consider who paid for the animal as well as who paid for their food, vet bills etc. when ruling on who should keep them. This means that pets are treated in much the same way as, say, a car would be in these proceedings. The bond that owners so often forge with their pets makes the task of deciding which spouse will keep them infinitely harder than agreeing who keeps a piece of furniture or ornament, however.

How can a separating couple decide?

Fortunately, there is an approach which, whilst it is not certain to resolve dispute, does increase the likelihood of a solution being found: working hard at being as dispassionate as possible.

It’s not easy but working at putting emotions to one side is the only way contentious matters regarding settlements are achieved without help. Key to making such discussions fruitful, though, is the need for those involved to be tolerant of the fact that the other party will become emotional at times. If both allow their feelings to take control, there is no way negotiations will be even partly successful.

What you should consider

There are a number of other things you’ll need to take into consideration when deciding where your pet will live, chief amongst these are:

1. Should the children live with the family pet?

This is something of a double-edged sword. On the one hand, the children probably love their family pet even more than their parents and so it can be logical to conclude that it should live with them. On the other, the parent that no longer cares for the children is likely to live alone and would therefore benefit from the company.

Parents, however, need to put the needs of their children before their own and accept that the family pet should remain with the children. By way of a compromise, the animal could accompany the children whenever they stay with their non-resident parent.

1. Who’s best placed to care for your pet?

If it’s possible to objectively determine which person is able to provide the animal with what it needs, then it’s evident that’s who they should live with.

If, for example, the pet in question is a large dog and one spouse enjoys long walks whilst the other doesn’t, it’s logical that the dog lives with the former. If one party works part-time, they’ll have more free-time and, again, be more able to care for a pet as a result.

1. Could you share custody of your pet?

Whilst it’s an option that a separating couple will need to consider carefully, there’s no reason why a pet cannot reside with both on a shared basis.

Granted, such an arrangement could be inconvenient (it’s completely impractical if it’ll involve a substantial commute) but, by providing both parties with a bit of what they want, it could also be the best way of resolving the dispute.

Conclusion

When both spouses have developed an emotional attachment to it, deciding where a family pet should live post-divorce is no mean feat. If the couple genuinely care about the welfare of their pet, however, the importance of making such a decision without the assistance of the courts cannot be understated.

In legal proceedings, pets are treated in the same way as all other items and their living arrangements will be decided not by considering what will best suit their needs, but which party’s money was used to purchase, feed and house it. The only way for a couple to ensure that the animal’s needs determine arrangements is to agree them without the need to go to court.

When we need something done – whether it be putting up some shelves, a spot of gardening, touching up scuffed walls or anything else – we can always save money by doing it ourselves. Sometimes, this makes sense. We can all mow our lawn, for example. At other times, though, trying to get something done without the help of a professional is a false economy. Things like landscaping your own garden, finding and fixing a leaking pipe… or doing your own divorce.

With all of the required forms available for free, we understand how tempting it can be to save yourself a few pounds by completing them yourself. Do this, though, and you’re likely to find it becoming far more expensive than expected because:

The forms aren’t straightforward

You may have heard that completing a Divorce Petition is easy. It isn’t: mistakes are common.

The forms are, to be blunt, complicated. Akin to most legal documents, they use language that many people find confusing. This results in errors and the courts returning the documents to the filing spouse. In the best-case scenario, they’ll be returned following court staff having noticed an error and a new petition will need to be prepared and submitted. Sadly, it’s far more likely that a problem will be identified when the time comes for a judge to review the application. Following this, an amended petition will need to be completed and submitted to the court along with a fee of more than £100.

As we’re sure you can imagine, these fees can quickly add up.

And the process isn’t any easier

The process of successfully applying for a divorce involves deadlines, a plethora of forms and more. In short, it’s convoluted and a regular cause of frustration and delay that can transform an amicable divorce into one so rife with difficulty that spouses become enraged. This can cause irreparable harm to their relationship which may not appear to be a problem (they’re about to end their marriage, after all) but they’re probably going to need to communicate with one another at some point. In fact, if they have children, it’s a certainty.

Finalising a settlement

This, undoubtedly, is the main reason doing your own divorce is so often 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.

Yes, even if a couple agree on how everything should be divided, both spouses retain a legal right to claim a portion of their former husband/wife’s future earnings… unless they get a Consent Order (more 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. Instead, each agreement must be completed by an individual with the appropriate training.

You might think this means couples should always instruct a solicitor, but you’d be wrong! We can manage your divorce and prepare a Consent Order for just £167. Click on the link to find out more today.

Living separately for a period of more than five years is one of five grounds for divorce. It can therefore be used to prove that a marriage has broken down and that there is no reasonable chance of the couple in question reconciling.

Unlike two-year separation, divorces citing five-year separation do not require the consent of both parties. As a result, five-year separation is a ground that is regularly used when one spouse wants a divorce and the other is uncooperative.

Why five-year separation works when one party doesn’t consent

If you’ve been researching the divorce process in the UK, you may well have been told that a divorce will automatically be granted if a couple have been apart for five years or more and the relevant paperwork is submitted to the court. This is actually untrue, but this ground does allow people to get a divorce without their spouse explicitly agreeing to it.

However long a couple may have been living separately, the law states that it is necessary to make every reasonable effort to ensure that both parties are aware of the fact a divorce is being sought. This is because it is deemed to be vital that the spouse that has not applied has the opportunity to respond to the application and to claim their share of joint assets.

In the event that an application is made but the party that receives the application does not respond to it, the applicant can inform the court and request that a bailiff serve the documents on them at their home address. If this is completed successfully, the courts will be satisfied that the party has had ample opportunity to respond to the application and will, provided the correct procedure is then followed, grant the applicant a divorce.

But what if someone doesn’t know their spouse’s address?

If someone that wants to apply for a divorce does not know their spouse’s current address, it can make the process more difficult, but it doesn’t have to prevent the divorce.

When such circumstances apply, it is advisable that the party get in touch with anyone who may know their spouse’s current address such as mutual friends, member of their family etc. Failing this, the electoral register should be reviewed. It is also now possible to request that the relevant divorce centre liaise with other government departments in order to try and find this information. The assistance of a private investigator can also be sought if none of these generate the desired result.

It is unlikely that a private investigator would be unsuccessful but, if they were, then an applicant can formally request that the court allow them to divorce their spouse without notifying them. This involves submitting a completed form D13B along with the application for a divorce. 

Does divorce cost more when one spouse’s address is unknown/they won’t cooperate?

Sadly, if one party’s address is not known or they do not complete and return their documents to the court, the process of obtaining a divorce does become more expensive.

If the address is known but the party does not complete and return their documents, the cost of a court bailiff is approximately £100. Alternatively, if an address cannot be located, a private investigator is likely to charge a similar fee, though some do offer a ‘no-success, no-fee’ service.

Fortunately, most applicants can save money by requesting that the courts reduce the £550 filing fee. The majority of people are actually entitled to a discount whilst some will not need to pay it at all – we’ve written a blog post outlining when people are entitled to a discount in the court fees for a divorce here.  

How much does a divorce cost if both parties agree?

A divorce is always cheaper when both parties consent to it, but far greater savings can still be achieved by foregoing solicitors.

Solicitors’ fees can easily run into thousands of pounds even when a matter is simple. By opting to do their own divorce or using an online divorce specialist, couples can make significant savings.

For a parent nothing – absolutely nothing – is more important than the wellbeing of their children. This means that, when parents decide to divorce, they carefully consider how they can lessen the negative impact it will have on their children.

More often than not, though, they focus on their post-divorce arrangements – on how they can both maintain a civil relationship and show their children a united front. This, in and of itself, is not a mistake. Indeed, such considerations are extremely important. All too often, though, divorcing parents think that this is all they’ll need to consider when the actual divorce process itself can, if handled poorly, completely undermine even the most well-thought-out plans.

How the divorce process can harm children

Sometimes, the divorce process is straightforward: paperwork is completed quickly and correctly, assets are divided without dispute and neither spouse needs to state that they were responsible for the breakdown of the marriage. At other times, there’ll be disagreements over who gets to stay in the matrimonial home, whose behaviour has brought about the divorce, even over who has to pay the court fees – the divorce process is more than capable of transforming two agreeable parents into two who simply cannot stand one another any longer. But how can this be avoided?

Wait until you’ve been separated for two years

The need to claim a spouse has behaved unreasonably or been unfaithful is, as we’ve discussed previously, something that regularly causes disputes. It can be avoided provided the parties have been living separately for two years, however.

By filing on the ground of two-year separation with consent, a couple can obtain a divorce without either blaming the other for the end of the marriage. This ground rarely causes conflict as a result.

Try and negotiate your own settlement/use a mediator

It’s important that you get your fair share of the marital assets, sure, but be careful your efforts aren’t don’t alienate your soon-to-be former spouse. You’ll need money to start a new-life but you’re also going to need to co-parent with this person for several years to come. Try to remember this if discussions get heated.

If you find that you can’t agree between yourselves, try a mediator before you head to a solicitor’s office. Once you’ve got legal help, your spouse is certain to go on the defensive making it even harder for you to reach a settlement.

Whereas solicitors can represent and negotiate for only one party, mediators will work with both in order to negotiate a settlement. This means that they are able to consider both party’s needs and are better placed to help the couple as a result.

Less conflict = an easier divorce

By following this advice, you’ll go a long way towards making the divorce process easier which, in turn, will significantly lessen the likelihood of it harming your platonic relationship.

Put simply, children of divorce are better served by parents whose divorces were not drawn-out, expensive and stressful.  

When a couple gets a divorce, it’s vital that their assets are divided fairly. Both of the people involved will need to use a substantial proportion of what they earnt throughout their marriage in order to make vital purchases such as a new place to live, furnishings etc. Surprisingly, though, a large number of people get a divorce without even considering their finances. A small minority of this group will be unaffected by this and will carry on with their lives. Most of them,though, will come to realise this was a mistake and, accordingly, will look to rectify it leading them to contact Quickie Divorce and ask if they can still claim a share of their former spouse’s assets even though their divorce has been finalised. Luckily for them, the answer is yes.

Why you can make a post-divorce claim

The financial ties that bind spouses are not dissolved following them having become divorced. Instead, they are severed when a court order that explicitly describes how finances, belongings etc. are to be divided is issued or granted. This can be achieved by agreeing on how things are to be divided without going to court and then submitting a request for a Consent Order before, or just after, the divorce has been finalised. Once this has been issued, the agreement becomes legally binding.

In the event that an agreement cannot be reached, one party can request that the court determine how joint assets should be divided. Once the court has then ruled on this issue, financial and further claims cannot be considered, the only exception being an appeal concerning the settlement itself.

So, a claim isn’t possible after a court order’s been issued?

Not necessarily. One common problem is that higher-earning spouses have used various tricks in order to hide some of their wealth. When compelling evidence of this is revealed, settlements have – following court hearings – been amended accordingly. You’d expect this to affect only the wealthiest members of society, but Consent Orders are regularly revealed to have been granted after one party provided false information. Most commonly because they deliberately undervalued their pension.

So, it is indeed possible to claim a share of your spouse’s pensions after you’ve divorced. If no order has been granted, an application for a share of your spouse’s pension or any other assets can be filed. In the event that an order has been granted, you can still make a claim if there is evidence that the other party was dishonest about their finances when they disclosed this information to the court.

Will I need a solicitor?

Whilst you don’t, technically, need a solicitor to claim a share of your former spouse’s pensions or any other assets, it’s advisable you do.

If you’ve been lucky enough to be able to agree on how everything should be divided, you’re certain nothing’s been hidden and are certain your agreement is fair, then you can save thousands of pounds in solicitors’ fees with Quickie Divorce’s personal plus service.

We’ve all heard that divorce is less expensive if both parties agree, but this is only true if those involved agree not just on the decision to end their marriage but how to divide their assets, too.

Dividing assets is a difficult task. Tensions are high and already tender egos have put people on the defensive. Combine this with the fact that the outcome of these discussions will have a substantial effect on the participant’s quality of life and it’s clear to see why these negotiations are so often held in the most negative of atmospheres.

Something that makes this process even more problematic is the fact that it’s unclear whether certain assets should be shared. Anything that was earnt exclusively by one party is – in theory, at least – their property alone. What is difficult here, however, is proving that these assets have been gained entirely because of one person’s efforts. This would lead most people to conclude that they have no claim to their husband/wife’s pension. These people are wrong, however, and it’s a mistake that regularly results in people losing out on money to which they have a more than reasonable claim.

Why it’s reasonable to claim part of your partner’s pension

Any assets that either spouse accrues throughout the course of their marriage are considered to have been gathered due to the efforts of both parties. This may seem unfair but consider Amazon founder and world’s richest man Jeff Bezos. He started the online retail giant whilst married and its value has consistently grown. Is it not reasonable to argue that he would have been unable to dedicate time to building Amazon into the giant it has become if not for his wife? Maybe he would and if he – or, more accurately, his legal team – where able to put forward a strong argument that this was the case, his wife would be entitled to a significantly smaller settlement. The fact remains, however, that it is presumed that both people contributed to the other’s success and that this will always be the starting point during negotiations.

So, you do have a right to a share of your spouse’s pension; any part of it that they’ve earned since they’ve been married to you, at least. Many people that negotiate their own settlements are unaware of this and it results in them dividing their assets in a way that is unfavourable to them.

If you’re unsure of your divorce settlement, get the advice of a divorce solicitor

If you’re in any way unsure of whether an agreement you and your spouse have reached is fair or, even worse, won’t be able to sustain you post-divorce, you need to seek legal advice. It may be more expensive initially, but it’ll be an investment worth making.

If you’re lucky enough to have reached an agreement you’re happy with – get in touch with Quickie Divorce to find out how we can help you make this legally binding and get you divorced today!