Short Marriage - Divorce without Solicitors?

Hi,

England, 1 year marriage, no kids no house, we don't live together since 6 months ago. We're not really on talking terms.

I was looking into local solicitors when a family friend (who is a solicitor) suggested I do this myself as the case is relatively simple. He suggested getting in touch with my partner to explain this is the route I wish to go down (without solicitors) and then crack on. He did say if I need legal help further down this process I can always get a solicitor in then.

I have a few questions on this:

1 - How indepth do the reasons need to be for Unreasonable Behaviour?
2 - Can the court throw out my case if lack of detail? Can I then submit another application for Unreasonable Behaviour?
3 - I also wish to get in place a Clean Break Order. (I wish to pay my partner a certain amount). Can this be done myself too?

Many Thanks

>>1 - How indepth do the reasons need to be for Unreasonable Behaviour?

There is no reason why you cannot petition for divorce yourself rather than use a solicitor. Nobody is obliged to use a solicitor for anything. People can represent themselves before the Supreme Court if they want. However, if you do this it is just like any other DIY task in that you have to learn how to do it and if it goes wrong the buck stops with you. I assume you can ask the family friend who suggested you do this.

>>2 - Can the court throw out my case if lack of detail?

Yes.

>>Can I then submit another application for Unreasonable Behaviour?

In theory, yes, but amending a divorce petition and/or getting one dismissed and starting again is much more difficult than getting it right in the first place. Both these courses of action can be tricky for a non lawyer. That is not to say that it can't be done.

>>3 - I also wish to get in place a Clean Break Order. (I wish to pay my partner a certain amount). Can this be done myself too?

In principle, yes. See answer to point 1 above. However, drafting a suitable court order does require significant legal knowledge. I have never seen a litigant in person do this successfully. That is not to say it might not be possible but I have yet to see it. In fact if you and your ex are agreed upon the terms of settlement then the cost of having a solicitor draft it it for you should be quite modest. What costs money are those cases where everything is contested.

Hi David,

Thanks for your reply. I agree with you regarding having to 'learn how to do it' the right way.

I have seen companies online that offer to write your case for you (i.e case for unreasonable behavior) for a small fee.



How credible they are I have no idea, only found them whilst searching Google. I am in 2 minds with regards to solicitors vs DIY. Whilst I can afford to pay the quoted 1/2k for my case, it should be a relatively straightforward case with no kids/maintenance/assets. In which case part of me thinks why not try and save a bit of money.



Edited 1 time(s). Last edit at 07/22/2020 02:41PM by David Terry.

These are decisions only you can take. There are some things which can easily be done DIY. There are others where the costs of getting it wrong may make it risky. For instance, most people can probably manage a bit of painting and if it is not quite perfect the consequences aren't usually seriously. On the other hand most people would probably not install their own central heating. It is a matter of weighing cost and time against risk.