DIY separation/divorce? Yay or Nay?

Xiangjiao

Sorry, I know this is a sensitive subject. Not for me, my id here isn't compromised.

But wondering about pros and cons of going down this route.

And hope this is the right forum mods!

We, that is, me and my wife, are basically agreed. Do we need to pay lawyers? All advice welcome. You can pm me if you want to be discrete. All help appreciated because this is a minefield!

Thnaks again,

Xiangjiao

johnfás

It's possible to do it yourself so long as you have agreed on everything. I wouldn't say that I would advise it though. If you have any debts in your join name (eg a mortgage) there will be complications regarding your lender which pervade the situation and you should seek advice on such issues. The problem is really that if you employ a solicitor it will be done right and if you don't you rely on your own abilities and have nobody to sue or much recourse to change what happened if you do it wrong.

Xiangjiao

No debts, no joint assets we both want, no mortgage, just bits of furniture which we can both agree on.

Amicable, I suppose you could you say... DIY must be the way to go, no?

snor

What about any children you may have together. Has everything been agreed here?

johnfás

Nobody here can really say anymore than it is perfectly possible. We don't provide legal advice and telling you to do it by yourself is as much legal advice as anything else.

Put it this way, if your sink was leaking a plumber will always tell you that the best qualified person to repair the sink is a plumber and the plumber will also guarantee his work giving you recourse if there is a problem. It is then up to yourself as to whether you trust your own abilities to repair the sink yourself in the knowledge that you may well do it properly, but equally that it will probably cost alot more if you try it, flood the kitchen, and then call a plumber.

Xiangjiao

snor wrote: »

What about any children you may have together. Has everything been agreed here?

No children.

Xiangjiao

johnfás wrote: »

Nobody here can really say anymore than it is perfectly possible. We don't provide legal advice and telling you to do it by yourself is as much legal advice as anything else.

Put it this way, if your sink was leaking a plumber will always tell you that the best qualified person to repair the sink is a plumber and the plumber will also guarantee his work giving you recourse if there is a problem. It is then up to yourself as to whether you trust your own abilities to repair the sink yourself in the knowledge that you may well do it properly, but equally that it will probably cost alot more if you try it, flood the kitchen, and then call a plumber.

With respect, I have already consulted with my own and her solicitor.

Having done that, I am thinking DIY might be the logical option.

At no point did I seek legal advice here, nor would I be so stupid to do so- this a public internet forum, not a family law specialist legal firm. I was more so curious if anyone else had gone down the DIY route before.

But thanks for the response. I think, in total, including what I've written above in this post, I'm gonna start researching DIY methods.

RandolphEsq

If the two of you can agree yourselves, then the DIY option is by far the best way to go. The courts will encourage an amicable separation. Legal representation seems an unnecessary burden for you here so organise things yourself.
http://www.fsa.ie/services/family-mediation-service/ this is free and can help you.

singledad

If I can do it. Anybody can do it. Just go to courts. Type affidavits get the attested accordingly
Get the court date.
Wait for the big day....

Xiangjiao

RandolphEsq wrote: »

If the two of you can agree yourselves, then the DIY option is by far the best way to go. The courts will encourage an amicable separation. Legal representation seems an unnecessary burden for you here so organise things yourself.
http://www.fsa.ie/services/family-mediation-service/ this is free and can help you.

Super, thanks! And this is exactly what I was looking for!

Xiangjiao

singledad wrote: »

If I can do it. Anybody can do it. Just go to courts. Type affidavits get the attested accordingly
Get the court date.
Wait for the big day....

Thank you also.

molly08

Hi .. i would be really interested to hear how you got on with the DIY Divorce.I will legally be allowed divorce next year and am eager to do so ASAP. Its amicable as much as he walked with another women, but i have moved on with my life and just want out now. We have a legal separation agreement which was drawn up with that free mediation service. We had to attend 3 sessions and then if we were happy with the proposed document - we were and we did (we only had a house together,no childern, we waived rights to eachothers pensions etc), so you could say its all sorted out the with Separation Agreement. I therefore am giving thought to doing a DIY Divorce as i dont have the cash to pay for a divorce using solicitors - my solicitor informed me that it may cost in the region on €5000 for whomever initiates the divorce.Have been making enquires on www.divorcebyconsent.com?? Would really appreciate some guidance.

RandolphEsq

molly08 wrote: »

Hi .. i would be really interested to hear how you got on with the DIY Divorce.I will legally be allowed divorce next year and am eager to do so ASAP. Its amicable as much as he walked with another women, but i have moved on with my life and just want out now. We have a legal separation agreement which was drawn up with that free mediation service. We had to attend 3 sessions and then if we were happy with the proposed document - we were and we did (we only had a house together,no childern, we waived rights to eachothers pensions etc), so you could say its all sorted out the with Separation Agreement. I therefore am giving thought to doing a DIY Divorce as i dont have the cash to pay for a divorce using solicitors - my solicitor informed me that it may cost in the region on €5000 for whomever initiates the divorce.Have been making enquires on www.divorcebyconsent.com?? Would really appreciate some guidance.

You may qualify for legal aid, in which case you pay a nominal fee for legal representation. There is a long waiting list so apply as soon as you can if you meet the requirements. http://www.legalaidboard.ie/LAB/Publishing.nsf/Content/Home

birthmother

Hi all, with regard to diy divorce, do you just go to the court register for the forms. I have a legal seperation since 1993 and the children are all over the age of 21. thinl its about time i got a divorce:) Any advice would be helpfull

King Krib

birthmother wrote: »

Hi all, with regard to diy divorce, do you just go to the court register for the forms. I have a legal seperation since 1993 and the children are all over the age of 21. thinl its about time i got a divorce:) Any advice would be helpfull

You basically go to the court with your forms sworn by a solicitor and copied 3 times. These forms can vary from county to county and may depend on your own situation, ie pensions etc..
The court will return 2 copies of these to you, one set you keep and the other you send to the respondant. At this stage the respondant has 3 options and 10 days to respond.
To ignore the papers and thus consent to the divorce. To respond and consent. Or to object direct to the court. If the papers are ignored another notice period of 14days is given before you proceed any further.

Lucyfyr

Hi there,what are these forms called and where can I get them?
cheers.

King Krib

Lucyfyr wrote: »

Hi there,what are these forms called and where can I get them?
cheers.

Hi, I want through a DIY divorce company, they guided me through all the paper work etc. The forms involved can vary with every situation, for example if there are properties or pensions involved. I would be happy to pass on details of the firm I used if you want me to.

RandolphEsq

Lucyfyr wrote: »

Hi there,what are these forms called and where can I get them?
cheers.

Go to the Circuit Court office and they will tell you what forms you need, they are extremely helpful.