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Can I really Do It Myself

  • SadEyes
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02 Jul 10 #212209 by SadEyes
Topic started by SadEyes
OK - my position. Your thoughts please.

- Separated 2 years.
- marital home already transfered to my name - ex off mortgage - he recieved share of equity as lump sum 18 months ago.
- 2 school age children. See Dad regularly - he pays regular maintenance as agreed 2 years ago. CSA now involved to recalculate.
- No joint debts
- Neither of us have any other assets apart from car each.
- He is living with his parents but works and has a decent job earning approx £37000 per annum.
- I work and claim WTC - paid all household bills for last 2 years.

So if we can agree on Statement of Arrangements for the children - do I really need a solicitor? Can we not do this between us and maybe just pay for the financial agreement that we will have no future claim on each other?

I do not want part of his pension or anything from him - just maintenance for the children.

Many thanks

SadEyes

  • eyes on horizon
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02 Jul 10 #212221 by eyes on horizon
Reply from eyes on horizon
SE

If you are amicable and you have already agreed then you can of course do this all yourself.
If you both wanted to, you could do an ad-hoc swap of form Es JUST to be sure you both know where you stand but frankly when you are married to someone and have an honest finacial relationship with them so long as you dontt think hes hiding money away then u probably know whats fair and what isnt more than a solicitor anyway.

You will need to have a Consent Order drawn up, u could use the wiki service or get a solicitor to draw up, my OH quoted £1500 including court fees for consented divorce and consent agreement so probably about £500 or so if you wanted them to look over it.

Of course you can always do this yourself, file with the DA and if you both say you havent undertaken legal advice on the D81(i think thats the form) then you may be called into a short hearing just so the judge can see that you are both happy with the order.
One thing to note the CM can be varied after one year of the consent order so that wont be binding until 16/18 or full time ed.

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