[Closed] Served with divorce petition - paperwork question

For crying out loud, get a solicitor in. You can be divorced in such a way that you are divorced but still open to claims from the ex for your property.

Thank you for your comment. Do you know the answer to the question?

No pal. I suspect even if there are solicitors present, they may not chip in as unpaid advice can bite you in the arse.

Mate - you've got 30 mins till they open - why the rush?

Lets get some beers sorted before you disappear to the deepest darkest Congo

I'll be in meetings all day and I want to get it in the post.

Yeah, we should. Won't be going for a while though, still need to work my (as yet to be confirmed) notice 🙁

mate of mine went the amicable route. Cost him just under £50k and she'sw the one who cheated on him! I think it's the modern way of getting screwed over.

If the petition was served on you then you should be keeping it I'd have thought.

Thank you Al for being correct and, you know, just answering the question.

[i]just answering the question. [/i]

people are trying to help you, you know?

your wife has a solicitor, you need a solicitor. 'trying to keep it amicable' is great but that doesn't mean you can't find out what the implications of what you're signing for you are.

and if you just wanted the question answered then I'd suggest STW is not the place to go...

Hey, where are all the 'designers' to give IHN a good roasting for asking for free help, eh, eh? I honestly don't know what STW is coming to...

My wife doesn't have a solicitor.

[i]and if you just wanted the question answered then I'd suggest STW is not the place to go... [/i]

Is an entirely fair point.

I am going through this at the momment. Get a solicitor as you will want to limit her costs if nothing else - just incase it all turns ugly. You also need to have a clear understanding of your rights and responsibilities.

Its very hard not to trust someone you have spent a lifetime trusting !!!

Sorry to hear it. I can only echo the same sentiments. I had an amicable split with all documents done and then got nailed for a 6 figure sum! I know, it's horrible but I forgot my rules of dotting and crossing ...

Seriously, go and find a solicitor. If nothing else, they will be able to look over the paperwork and tell you what is right and wrong.

My ex-wife used a DIY divorce thing (well, she did) and I ended up getting a solicitor involved to sort out the mistakes that she kept making in the paperwork. Probably the best 50 quid I had spent in a long time.

[i]"You can be divorced in such a way that you are divorced but still open to claims from the ex for your property."[/i]

With my first wife and I, we simply drew up a contract between us stating that neither would have any further claim against any present or future monies the other may have. Had a Solicitor at the CAB look it over to confirm it would be legally binding and then both signed it,had it witnessed and it cost about fifty/sixty quid iirc.

You don't need a solicitor. If you can, take the paperwork direct to the family courts each time you need to submit/return things. They gave the forms a quick scan each time, pointed out where I'd put things in the wrong place, let me correct it there and then - all went through first time and [s]I never had to speak to the b!tch again[/s] the amicable settlement was resolved in double quick time 😉

Mind we don't know your situation, if you both have nothing then nothing can be taken away, a solicitor would be superfluous I suppose.
If you have anything then you really should consider why you're getting divorced - I suspect it's not because you get on really well is it, so it's not amicable (otherwise you wouldn't be getting divorced!).
Of course you could just be giving it all away as you want a chapter closed in your life - then you really need a solicitor as they'll not have emotional ties to moving on, and actually, having the whole lot controlled like that could help the bitterness later - NZCol, a six figure sum eh - I'd be mucho pissed!

I served the docs on the previous MrsMM - all amicable, all agreed etc - she was paying me out...
She used a solicitor, I did not - went and got the forms from the court clerks etc, filled 'em all in, in me bestest handwriting and sent them to her.
IIRC - and its a while, and a good few beers ago, there was a statement in the paperwork we had to sign off on, stating that this was indeed, the end, and we would not be pursuing each other further down the line??

Hi IHN, I did the self divorce thing, no solicitors, cost about £400 all in, I did all the paperwork, one piece of advice, keep on top of paperwork, photocopy everything as twice court "lost" stuff I sent them, if there are no kids and finances are sorted its very easy (even easier as ur wife is petitioner)

Email in profile if I can help further

Did my divorce with out a solicitor, just a shame it cost me far more to desolve the joint company with the Ex, most of that was paid for a solicitor, so my advice if you can do it without them (Solicictor) do it. "CAB" can be a great help aswell.

Is everyone on this site divorced except me? I have a niche 😉

boobs - Member

Is everyone on this site divorced except me? I have a niche

neither am I divorced, are we married to each other.. 😕

Nah boobs I have found a woman dumb enough to marry me yet 😆

Sorry to ruin your claim for nicheness boobs, also not married.

...although I am tempted just so I can get divorced and fit in around here more.

I got a solicitor & he got more money out of me than I did.

Im not divorced 🙂

>mate of mine went the amicable route (edit)
>it's the modern way of getting screwed over.

Ha ! - I've got various mates that have got divorced, in a couple of cases it was amicable *until* solicitors got involved (not helped by their wives being airheads regarding finance and - I suspect - being egged on for ridiculous claims) - eventual settlements were what their husbands initially suggested 😮

Another mate+ex-wife have blown the better part of 100k on their divorce - again, not helped by her solicitors taking the mickey at every opportunity

- eventual settlements were what their husbands initially suggested

Yep this was the same as my situation, personally I think solicitors drag the process out as long as possible to feather their own nest

Just to redress the balance like - my ex husband and I had an 'amicable' split. We had different ideas of what 'amicable' meant. 🙄 He did rather well out of it.

We need one of those 'other' forum style voting doobries:

Are you
1. Divorced, Amicable 50/50.
2. Divorced, Amicable 0/100 but at least I have my sanity.
3. Divorced, Gulf war III.
4. 40 year old virgin.

IANAL (and even if I were, the OP wouldn't be a client) but surely if the point of service is to provide you with a copy of the petition, you should keep the petition? Doesn't the documentation itself say?

we simply drew up a contract between us stating that neither would have any further claim against any present or future monies the other may have. Had a Solicitor at the CAB look it over to confirm it would be legally binding

That sounds like a remarkably, err, confident assertion by the CAB solicitor considering prenups in English law are still a contentious subject e.g. http://www.msnbc.msn.com/id/35987403/ etc.

[i]surely if the point of service is to provide you with a copy of the petition, you should keep the petition?[/i]

It wasn't a copy, it was the original, which is why I was wondering.

[i]Doesn't the documentation itself say?[/i]

Not clearly, no

So, anyway, I rang the court and they said that I keep the petition and just return the Acknowledgment of Service. Which I've done.

ex-pat - Member
We need one of those 'other' forum style voting doobries:

Are you
1. Divorced, Amicable 50/50.
2. Divorced, Amicable 0/100 but at least I have my sanity.
3. Divorced, Gulf war III.
4. 40 year old virgin.

Surely we'd also need

5. Happily married till death do us part
6. Unhappily married till death do us part
7. On the verge of serving papers
8. Young, dumb and living with mum
9. Serial offender
10. Marriage? - who cares I'm a Gigolo

It's very sensible to use a lawyer to make sure all T's are dotted and I's crossed, and don't forget she can come after your pension entitlemetnt once you retire if she doesn't remarry! 😐

I used http://www.divorce-online.co.uk/ for mine. They're fixed price, and were very helpful in ensuring my pension and all entitlements were protected.

Slight hijack- Friend wants to divorce her husband (walked out to another woman) however shes on limited means (nice bloke huh?) - from what we gather if she wants to initiate proceedings she has to pay the Solicitor? Is that right?!!!

Is there a cheaper way of doing this?

Odd how everyone on here has either had an OK divorce or been screwed...statistically this can't add up!

Oh and OP I was only trying to be helpful, I am presuming your post wasn't sarcastic.

Slight hijack- Friend wants to divorce her husband (walked out to another woman) however shes on limited means (nice bloke huh?) - from what we gather if she wants to initiate proceedings she has to pay the Solicitor? Is that right?!!!

No. if she is on benefits she should be able to get a solicitor for free

Shes working fulltime but she is taking on the mortgage and all associated bills as well.

Top girl and utterly shat on.

[i]Oh and OP I was only trying to be helpful, I am presuming your post wasn't sarcastic.[/i]

I know you were, thanks, and no, it wasn't. Well, it was a bit, but not aimed at you.