advice - should i do a DIY Divorce?

hi

need some advice please.

My husband and I have been separated for six months and we have decided to have a Clean Break and get divorced. It is very amicable and we are actually very good friends now! am i best as it is like this to do a DIY divorce as I do not think we need solicitors, but we do have a son and it has been agreed he will live with me but we will have joint custody.

we have no assets as we live in rented accomodation.

any advise would be appreciated.

Hi

If you can agree on the childcare arrangements and financial settlement (bear in mind that pensions and savings are assets) then you need to get it written up as a Consent Order for the court to approve. I think its best if this is drawn up by a sol but others will be able to advise on this.

Otherwise you can do the rest yourself.

Incidentally, the term "custody" isn't used now. As parents you both have parental responsibility. If your child lives with you you are the "parent with residency" and your ex would be the "non-resident parent".

Or you have joint residence as proposed.

Yes, you can do everything yourself without solicitors, best option.

Obviously have a financial consent order stamped by a court for completeness; this can be drawn by a solicitor.

A DIY or Managed Divorce would seem to suit you. Do bear in mind, however, that these only work for as long as there is agreement. If disagreement occurs and you cannot resolve through discussion or mediation, then your only remaining recourse is to go through the courts, which is where many feel the need for legal representation. This, then, racks up the costs.

Shezi

Alternatively, it is possible to do the actual divorce yourself. The form (D8) and notes D183, D184 and D185 plus the list of fees EX50 are all available to download free from HM Courts Service website. Court officials will assist and you can ask them to check if the forms have been filled in correctly but they may not say anything that might be construed as legal advice. You then just need a solicitor/online service to draft a consent order.