Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Most efficient way to divorce?
#1
Morning all, 

The wife and I are divorcing after 29 years...we've decided to do it amicably (famous last words Big Grin )

We jointly own the house, theres no mortgage and theres no debts.

I'm going to buy her out of her share and keep the house in order to give our son some continuity.

We have a 15 year old son and we've agreed he'll stay one week with her one week with me...she'll rent somewhere.

What are the options regarding getting actual divorce?  can we just go and sit together in front of a lawyer and say "We've agreed XYZ please draw a legal agreement for it"...can we do that?

We're both keen to keep fees down to a minimum.

I have a free 30 min consultation with a family solicitor this week sometime...what should I be asking?....I don't want to be swayed by lawyer bullshit....we want a straight 50/50 split.

I know these things are easier said than done but whats the easiest way to end this?
Reply
#2
You can do the divorce for the cost of the application fee alone, provided you are amicable and in agreement on finances, children etc. As long as you can fill in the details you don't need a solicitor to do this part of it.

https://www.gov.uk/apply-for-divorce

This was where I was going with things until my STBX spat her dummy out when I met someone else. I thought my STBX would be reasonable about it all but the reasonable person I once knew has turned into a complete pain in the arse who has now dragged things out to nearly 9 months and shows every sign of continuing to behave like a child.

I believe a consent order is worth having done to make whatever you agree legally binding. This part will need a solicitor.
Reply
#3
If you get on well then you can do this without any significant solicitor involvement, I'm guessing your wife works and has a pension, to do it really simply:

1) One of you applies for a divorce, most likely on grounds of unreasonable behaviour, otherwise you need to live apart for two years or have an affair, best to agree on some form of wording for UB between you. £550.
2) Use the sample separation agreement on here as the basis for your amicable divorce. Free.
3) Turn the separation agreement into a Consent Order when the divorce is nearly through, you could use an online solicitor to help formulate this. £300 + court fees (less than £100 if recall). Important to do this to protect yourselves in the years after divorce.

Your separation needs to take into account all assets, that includes all pensions and savings and investments, the starting point is 50/50 split of everything, regardless of who put in. If you think you need to give her, say, £150k to buy her out the house, have you taken into account pensions and savings? If you have a good pension put away you might be surprised how much its worth and how that will change the amount you need to give her?

Read this for further advice, well worth a read and a lifesaver in the long run:

https://www.advicenow.org.uk/guides/surv...t-divorced

Good luck!
Reply
#4
(11-26-2018, 12:00 PM)Mr Sandman Wrote: If you get on well then you can do this without any significant solicitor involvement, I'm guessing your wife works and has a pension, to do it really simply:

1) One of you applies for a divorce, most likely on grounds of unreasonable behaviour, otherwise you need to live apart for two years or have an affair, best to agree on some form of wording for UB between you. £550.
2) Use the sample separation agreement on here as the basis for your amicable divorce. Free.
3) Turn the separation agreement into a Consent Order when the divorce is nearly through, you could use an online solicitor to help formulate this. £300 + court fees (less than £100 if  recall). Important to do this to protect yourselves in the years after divorce.

Your separation needs to take into account all assets, that includes all pensions and savings and investments, the starting point is 50/50 split of everything, regardless of who put in. If you think you need to give her, say, £150k to buy her out the house, have you taken into account pensions and savings? If you have a good pension put away you might be surprised how much its worth and how that will change the amount you need to give her?

Read this for further advice, well worth a read and a lifesaver in the long run:

https://www.advicenow.org.uk/guides/surv...t-divorced  

Good luck!

Sorry i'm messing up on t'internet!

Mr Sandman,no my wife doesn't work and has no pension....I have 2 dormant pensions that are worth about 120k total...1 of which I paid into before I met her and stopped paying into before I met her....that's worth 65k


If I have to share that just to close the marriage then I will.

But I am worried that some shit-head solicitor will tell her she can hit me for spousal maintainence….I cannot bare the thought of paying her a monthly allowance.
Reply
#5
Spousal maintenance is a risk, best thing to do is think about a plan for her to get on her feet, this works well if yo are both still on talking terms. If she is going to get £150k - £180k for you buying her out, she can buy a flat with that yes, so tick the box of her having somewhere to live. If you can agree as part of the arrangement to give her a set amount of money per month, for a set period of time (like £500 pm for 2 years or 3 years) while she gets herself 'on her feet' with a job its demonstrating willing on your part and helps in that quest to avoid legal fees, as she is most likely in her 50's the courts would most likely look favourably on spousal maintenance, but if she can get buy on an hourly paid job there is no reason why not. She doesn't have the right to not support herself....

Also, you could agree with your STBXW that she claims child benefit and tax credits, so she will have more money to get by on, and relieving the pressure on you too.
Reply
#6
(11-26-2018, 10:50 AM)Lincoln Wrote: I know these things are easier said than done but whats the easiest way to end this?

Murder. Next question.
Reply
#7
In some countries you just have to throw your ex into a river of crocodiles - personally I wouldnt put the crocodiles through that
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
Reply
#8
Triple talaq did have it's bonus's I guess...
Reply




Users browsing this thread: 1 Guest(s)