Arrange Your Own Divorce
So, is it possible have a Do it Yourself Divorce? The short answer is Yes, anyone can do it, but unsurprisingly it’s a lot more complicated than that. If you want to arrange your own divorce or dissolution of civil partnership then the first step is to sit down with your partner and decide if it is the right option for your circumstances. If the thought of doing this fills you with dread then you are probably not best suited to undertake a do it yourself divorce.
If however you and your partner can agree that whilst your marriage or civil partnership has irretrievably broken down, you can amicably separate without hard feelings or any unresolvable differences then it may be possible for you to proceed with a do-it-yourself divorce.
Cut Price Divorce
The obvious advantage of this is cost, although you should bear in mind that you will still be responsible for paying court fees which can cost in excess of £400. There are some ways in which these can be reduced but this is dependant upon your specific circumstances.
Cost is an important factor, especially now that the provision of legal aid in England and Wales for divorces or dissolutions has all but vanished, but should not be the overriding factor, as the cost of making a mistake and allocating your assets in a manner that is actually unfair to yourself can prove to be far more expensive. In this case perhaps a fixed price divorce could be a better option.
So, couples approaching a divorce should also look at some of the recommendations for obtaining a quickie divorce in England and Wales, or if in Scotland there is a specific law for obtaining a Simplified Divorce and therefore you have to meet the specific requirements in order to continue.
DIY Divorce in England, Wales and Northern Ireland
In England & Wales, you and your partner should be in agreement about ending the marriage or have been separated for a minimum of five years. However this does not apply if you have been married for less than 5 years but greater than one year (or greater than 2 in Northern Ireland). You should either have no children or have agreement with your partner on how the issue of children will be resolved. You should both have resided in the same part of the country for at least one year and be able to agree of the division of your assets and debts.
Simplified Divorce in Scotland
In Scotland there is a simplified procedure available in law for which you need to both agree on an irretrievable breakdown of the marriage and have separated for at least 1 year or if you do not agree then you need to have been separated for a minimum of 2 years. There should be no children under the age of 16 and no other court case that is capable of ending the marriage or civil partnership. You must also both have no health problem, mental illness or learning disability that could impact upon your ability to make financial decisions. You must both agree on the division of property and possessions and have no financial claim on one another.
Summary
This type of DIY Divorce will be best suited to a young couple who have few possessions and probably rent their home. Especially if the possession split is of the “I’m keeping my artwork and you can have your Playstation console back” type. If however, you cannot reach agreement with your partner, have children, are unsure how to split your assets or wish to make any claim upon your partner for assets or regular payments then this type of divorce is unlikely to be suitable.
Reference
Here are links to the forms and associated notes you will need to complete in order to start the process of a DIY Divorce.
England/Wales
Form D8 – Divorce/Dissolution/(Judicial) Separation petition
D8 Notes – Supporting Notes for Guidance on Completing a Divorce / Dissolution / (Judicial) Separation Petition.
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1115
Northern Ireland
https://www.courtsni.gov.uk/en-GB/Services/Matrimonial/forms/Pages/default.aspx