We are often asked if it is possible to carry out a DIY divorce. The answer is, "Yes". If you want to conduct your own divorce it is perfectly easy to contact your local County Court and obtain the necessary forms.
To some extent it is very like servicing your own car or doing your own plumbing. It can be done but it does take the time to learn how to do it and if the job is done badly then there will be no-one to blame but yourself.
Before deciding to conduct your own DIY divorce you must be aware that if you get it wrong then this could in fact result in you having to pay additional costs and suffer significant delays.
Common mistakes?
1. It is very difficult to be dispassionate when you are acting for yourself. It is difficult to stand back from the case and look at it objectively. People have a very natural tendency to see things from their own perspective and not to look at matters neutrally. It is sometimes very difficult for a wife whose husband who has committed adultery, for instance, not to feel that she has been "wronged" and that the courts will recognise this in any settlement. They will not. This very often spills over into naming 'the other party'. In general that is not a good idea (and can result in increased court costs and much delay) but people do not usually realise that until they have made the mistake of naming the other party.
2. The petition is incorrectly drawn The contents of the divorce petition must follow the format as set out by statute. If you do not do so it will be rejected by the court. If your petition is rejected and returned to you then you may have to pay a further court issue fee and start the process again.
3. No agreement on financial matters or children If you have not agreed financial property or children's arrangements with your spouse this may delay the divorce. We can assist you in reaching an agreement regarding these issues so that your divorce is not delayed, and if necessary we can refer you for mediation.
4. The divorce is defended Your husband or wife may indicate on the acknowledgement of the petition that he or she denies that you have grounds for divorce. If this is the case then the Court will require a formal hearing to be held so that the Judge can hear the evidence of both parties before deciding who they believe. As you can imagine, this can result in very lengthy delays to your divorce and the costs can be significant. We can negotiate the terms of the divorce petition on your behalf before it is submitted to the court, so that there is less chance of it being defended.
5. The acknowledgement contains mistakes Sometimes the acknowledgement form is incorrectly filled in, which will stall the proceedings. If you encounter this problem the Court will not be able to give you legal advice and this will result in delays.
6. No acknowledgement If you have the correct address but your spouse has failed to return the acknowledgement form to the court or your spouse has moved and you do not have his or her address, the divorce cannot proceed. We can help resolve this problem by either tracing your spouse or getting Process Servers to hand them the papers.
If you are considering DIY Divorce please talk to us first.
Victoria Josif at our Thetford Office on 01842 754151
Kira Arden at our Bury St Edmunds Office on 01284 755771
Vickie Brazier at our Thetford Office on 01842 754151
Victoria Josif at our Brandon Office on 01842 810300
