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DIY divorce

  • Dorset4me
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30 Jan 11 #248543 by Dorset4me
Topic started by Dorset4me
My ex-husband and I were married in 1977 and split up in 1980. I had one child when we married but he was never formally adopted by my ex-husband although he took his name. My son is now 40.
My ex and I have lived apart since 1980 - 30 years - but have never been legally separated or divorced. I began divorce proceedings around 1983 but it came to a halt when my ex moved abroad to work.
I am now considering a DIY divorce on the basis of 5+ years of living apart. My ex-husband lives in Ireland (Eire), I have his email & address. We have no mutual financial interests.
My intention is to contact him to gain his agreement to a divorce which I'm sure will be forthcoming.
I have read through the HMCS forms & guidance and many posts on this site, but would be grateful for confirmation of the following:
I live in England so my ex-husband's country of domicile (Ireland) would not be an obstruction
My son is over 18 & therefore irrelevant to the forms
The cost would be £340 (I have the original copy of our marriage certificate)

And a question - I cannot find any of the documentation from the previous proceedings in 1983,the solicitor I used is no longer in business and I'm not even sure my husband responded. Would I need to mention it (Q7 of Form d8) as I'm concerned that lack of dates, documentation etc might cause delays or increase costs.
Many thanks

  • dukey
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30 Jan 11 #248545 by dukey
Reply from dukey
The costs are £340 for the Petition and £45 for the Absolute and i think the same for the lodging of the Consent Order so another £45, check with court though, or if im wrong someone will correct me i`m sure.

The wiki full managed service is £279 which is about as cheap as it gets but you have to add the court fee`s to that.

Forget about the petition form 27 years ago there will be no record of it.

Providing he agrees it should be nice and easy.

  • .Charles
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31 Jan 11 #248831 by .Charles
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Dukey's court fees are correct: £340 for the Petition, £45 for each of the Decree Absolute and application for a consent order.

As for the previous proceedings - you ought to have the first Petition dismissed but you would need a court number to do this. I'm not sure how you would obtain this information. Perhaps a direct enquiry with the court that deal with the petition? At the very least, you can try to ascertain that
court files that are not progressed for a certain period are destroyed in which case there will be no record.

Charles

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02 Feb 11 #249248 by Dorset4me
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Thanks both for your comments, much appreciated

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