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Ok - After months of should I/shouldn't I. I'm thinking I need to look into divorce, to get a clean break and sort out my finances and future home. Bail and SS have put conditions in place so he can't live here. How on earth do I go about finding a solicitor that specialises in these type of things as i have no idea how much this will cost, and have the extra potential charges my husband faces in the mix. Do u wait until he's charged? CPS decision? Can I divorce him if he's in jail? Will I be entitled to any legal aid as none of this is my doing.....
Hi,
So I'm currently going through a divorce following the knock, you don't need a specialist solicitor at the end of the day this is just a divorce. The way the new system works in England is that all divorces are now 'no fault' you don't have to state a reason e.g. adultery etc.
I rang several solicitors and unfortunately you'll find this crime is not so rare these days and most solicitors I had rang and dealt with caes like this, or domestic violence etc. which means they were sensitive to special circumstances, but it is just a divorce and the proceedings will be the same.
You will apply for the first stage online through a portal, you can do this yourself and my solicitor advised me too to save money, do not apply 'jointly' as this gives him too much control over the timeline of the process. You'll pay a £600 court fee to submit the application and you'll need a photo of your marriage certificate. Also make sure you tick the boxes that you do want a financial orders etc.
then you will enter a 6 month mandatory wait period until the middle stage or 'conditional order' at this stage you'll need a solicitor to draft a financial order this will be where you will negotiate about the house, spousal support, you can ask for a share in his pension etc. Im not doing this due to an agreement we've come to about assets and I'm not asking him for full financial disclosure (reveal al bank accounts pensions) because I know we didn't have much.
If he argues with you about the house and your unable to get him to give up his half although he will be half owner you will be given residence until your youngest child is 18 as your need is greater because the children live with you full time. If he remains joint owner he will be responsible for his half of the mortgage for the duration you own the property together.
I was told if he goes to prison using the proceedings, the divorce would still be on possible but a little longer as the documents would have to be sent to the prison for him to sign and he may have to have his solicitor visit him to consult etc.
I've been quoted around £3000 plus vat but obviously it depends how complicated it gets. Mine is hopefully straight forward.
You dont need to work out child support or visitation because any order would be trumped by the CSA and SS/family court.
Obviously your solicitors advice may differ but I'm currently in the waiting period and am pretty certain how it will play out. Try not to panic it will work out x
So I'm currently going through a divorce following the knock, you don't need a specialist solicitor at the end of the day this is just a divorce. The way the new system works in England is that all divorces are now 'no fault' you don't have to state a reason e.g. adultery etc.
I rang several solicitors and unfortunately you'll find this crime is not so rare these days and most solicitors I had rang and dealt with caes like this, or domestic violence etc. which means they were sensitive to special circumstances, but it is just a divorce and the proceedings will be the same.
You will apply for the first stage online through a portal, you can do this yourself and my solicitor advised me too to save money, do not apply 'jointly' as this gives him too much control over the timeline of the process. You'll pay a £600 court fee to submit the application and you'll need a photo of your marriage certificate. Also make sure you tick the boxes that you do want a financial orders etc.
then you will enter a 6 month mandatory wait period until the middle stage or 'conditional order' at this stage you'll need a solicitor to draft a financial order this will be where you will negotiate about the house, spousal support, you can ask for a share in his pension etc. Im not doing this due to an agreement we've come to about assets and I'm not asking him for full financial disclosure (reveal al bank accounts pensions) because I know we didn't have much.
If he argues with you about the house and your unable to get him to give up his half although he will be half owner you will be given residence until your youngest child is 18 as your need is greater because the children live with you full time. If he remains joint owner he will be responsible for his half of the mortgage for the duration you own the property together.
I was told if he goes to prison using the proceedings, the divorce would still be on possible but a little longer as the documents would have to be sent to the prison for him to sign and he may have to have his solicitor visit him to consult etc.
I've been quoted around £3000 plus vat but obviously it depends how complicated it gets. Mine is hopefully straight forward.
You dont need to work out child support or visitation because any order would be trumped by the CSA and SS/family court.
Obviously your solicitors advice may differ but I'm currently in the waiting period and am pretty certain how it will play out. Try not to panic it will work out x
Thanks LRF
I best get saving. He's been pretty decent so far, but it makes more sense to let me buy him out; then he's not coughing up money on a house he can't live in or sell for a long time. It'll give him some funds for his own solicitor if he chooses to get one. I hoped it would not to this but I think it's best for all if I get as clean a break as possible
I best get saving. He's been pretty decent so far, but it makes more sense to let me buy him out; then he's not coughing up money on a house he can't live in or sell for a long time. It'll give him some funds for his own solicitor if he chooses to get one. I hoped it would not to this but I think it's best for all if I get as clean a break as possible
With the money the good thing about solicitors is that you can normally 'pay as you go' they'll invoice you every month the charges accrued, but be careful because they will charge you for emails/phone calls/letters it's easy to rack up a big bill.
But if you got started now, you would pay a credit into your account with them (mine was £500) to get you going and then they would bill you every month but for the first 20 weeks following submitting your application you will just be sitting waiting so you don't need a lump sum all at the start.
Unfortunately I racked up a big bill straight away to change the children's names but if I hadn't then I wouldn't of paid anything yet really.
I would ring round and have some consultations with solicitors in your area, they can give you a ballpark on fees then.
But if you got started now, you would pay a credit into your account with them (mine was £500) to get you going and then they would bill you every month but for the first 20 weeks following submitting your application you will just be sitting waiting so you don't need a lump sum all at the start.
Unfortunately I racked up a big bill straight away to change the children's names but if I hadn't then I wouldn't of paid anything yet really.
I would ring round and have some consultations with solicitors in your area, they can give you a ballpark on fees then.