DIY Divorce in England
You may have heard of the words "DIY divorce" and wondered if you can carry out a DIY divorce. Well yes you can. There is a general principle in English law that you do not HAVE to employ a lawyer if you don't want too and you CAN represent yourself in court. This is true of divorce just as it is of any other legal proceedings.
To conduct a divorce without the use of a lawyer is quite straightforward, you just need to contact your local County Court and obtain the necessary forms. However you have to be aware that the court staff cannot give legal advice and if you decide to do these things yourself then you must:
- Take the time to learn how to do it
- You are solely responsible if things turn out wrong.
Before you chose to conduct your own DIY divorce you might like to think about a number of points:
- It is very difficult to be unemotional when acting as an accuser.
- It is difficult look at the case objectively.
- Seeing things from their own perspective and not look at matters dispassionately.
- 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 but people do not usually realise that until they have made the mistake of doing so.
If you are still thinking about conducting your own DIY divorce then you should be aware of the following points:
- The process is commonly divided into three parts (not all of which will apply to very case).
- The process of obtaining a divorce (which concludes when the decree absolute is confirms which allows both parties to remarry if they wish)
- Disputes over property (how the matrimonial assets are to be divided up and
- Disputes about children where the parents cannot agree such issues as custody or residence.
Before deciding to embark on a DIY divorce you should really think carefully about it. A DIY divorce is possible and perfectly feasible in some cases but they are rarely quite as simple as one imagines if one has had no experience of dealing with divorce before.
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