DIY Divorce - Yes You Can Conduct a DIY Divorce in the
UKPerhaps one of the first questions most divorce lawyers are asked by the client who is considering a divorce is
whether or not they can do a DIY divorce. English law says that no one needs to be represented by a lawyer
unless they want to and can represent themselves in any court of law. This is true whether you are talking
about a divorce or a murder or any other legal proceeding.
It is quite acceptable to conduct your own divorce; you can either go to your local court or go
online to download the appropriate forms. Once they are filled out you merely file them with the court and wait for
your court date to arrive.
However you should realize it can be very difficult to remain objective when you are dealing
with emotions that are still raw, for example if you caught your spouse cheating it may be hard not to want some
measure of revenge. However the court will not recognize this situation in any settlement they decree.
Prior to obtaining a divorce many couples agree to separate for a long period of time and in the UK you must
be separated for a set period of time in order to file for a divorce unless the cause of the divorce is adultery.
Do it yourself separation agreements are used to make arrangements for financial matters as well as who is going to
be the primary caretaker of any children.
The agreement may also cover the division of any debts such as the mortgage or credit cards, a
division of property and other assets and who will live in the marital home. In short it is a temporary version of
what is to come when the divorce is finalized.
Uncontested Divorce you can Do it Yourself
The only way that you can file for a DIY divorce is when it is uncontested. If
you know for a fact that neither party is going to contest any aspect of the divorce you can
save yourself a lot of money by filing a do it yourself uncontested divorce. You will of course
have to fill out all of the forms the court requires and have both you and your spouse sign them
saying you both agree to the terms of the divorce. Then you must file them with the court along
with your original marriage certificate along with the appropriate fees which are currently
The laws are somewhat different regarding a DIY divorce in Scotland depending on
whether you have children who are under the age of 16 or not. In order to file a simplified
online divorce you must have no children under the age of 16 and
have lived in Scotland for at least one year.
You and your spouse must have agreed on how you plan to split the family assets
as well as who will pay whom as far as maintenance. Also you must have lived apart for at least one
year as long as both parties agree to the divorce or two years if not.
While a DIY divorce is quite feasible, it should only be considered when there is no contention
in the divorce, any time there is a problem with how things are being divided or who is to have the children you
should consult an attorney to make sure your best interests are being looked after.