The five major risks of DIY divorce

There are several factors that have seen a rise in DIY divorce proceedings. The introduction of ‘No Fault’ divorce in April 2022, means that there is now no need to apportion blame or give the reasons why a marriage has broken down. As long as a couple has been married for over 12 months, either party can issue divorce proceedings even when the other party does not agree.

This has led to the proliferation of many online divorce packages promising to save divorcing couples both money and time. While this may seem initially attractive there are significant risks of embarking on an online divorce and this route can often end up being more costly than the legal fees of a family lawyer.

Here, we outline the divorce procedure, along with our top five reasons why DIY divorce is a risk not worth taking.

The divorce procedure

The Divorce, Dissolution & Separation Act 2020, allows either one half of a divorcing couple to apply for a divorce or for the couple to apply jointly, as long as they have been married for a minimum of 12 months. Once the application has been made there is a cooling off period of 20 weeks during which the couple can decide if they are committed to the split and if so, how they intend to divide their assets and negotiate child custody and contact issues.

After 20 weeks a Conditional Order can be applied for. This order states that the court has given the couple the right to divorce. After a further 6 weeks and 1 day, the Final Order is issued. This legally ends the marriage and allows both parties to remarry.

In the case of an online DIY divorce, the separating couple need to pay for both the online package and the court fees which are currently £628.

The five biggest risks of DIY divorce

The overriding risk for DIY divorce centres on the fact that any written or verbal agreements you make between yourselves regarding finances and childcare are not legally binding and will not be recognised in a family court.

This means that if there are future problems concerning financial, property or child custody issues, neither of you benefit from any legal protection.

More specifically:

1.The Final Order does not cut your financial ties to each other

This means that if one of you goes bankrupt or has serious money issues, the other party can still be liable for their losses and debts. Similarly, if one of you increases their assets through hard work, a lottery win or an inheritance, a former spouse can legally pursue you for a claim on your property, savings and accumulated wealth decades after you divorced.

2.The Final Order does not include legally binding children arrangements

While you may think you have agreed child living arrangements, maintenance payments and contact time, without a legally binding Child Arrangements Order, either of you are able to break the terms of the arrangement with no legal consequence. This can put your child’s wellbeing and even their safety at risk.

3.Non-disclosure of full financial assets

Where there is an imbalance of power in a relationship, it can be easy for one party to hide or not to disclose all their financial assets, putting the other party at a severe financial disadvantage.

4.Undervaluing the importance of pensions

It is essential to appreciate that the cash value of a pension is no indication of its future worth. Neglecting the true value of pensions can mean that one party does not have sufficient income to live on during retirement. Any financial settlement needs to ensure that both parties have equitable financial provision for both the short and the long term.

5.Agreeing to an unfair financial settlement

Without seeking professional advice there is a real danger that one party will agree to an unfair financial settlement, meaning they can lose out on what they are legally entitled to.

How a family lawyer can save you time, money and stress

Consulting an experienced family lawyer can be beneficial in the following ways:

• Protects you both financially in terms a fair settlement.
• Protects you both from any future financial claims.
• Protects any arrangements you make for your children.
• Supports you with their legal expertise, experience and compassion.
• Gives you greater peace of mind knowing you have an expert helping you to navigate what is a challenging emotional time.
• Uses a range of approaches that include negotiation, mediation, collaborative law and arbitration to avoid the cost and lengthy delays of settling your issues in the courtroom.

At Tisshaws, we have a wealth of experience in helping our clients to reach the best possible outcome for their family and specific circumstances. Our team are all members of Resolution; an organisation committed to a non-confrontational and constructive approach to resolving the issues that arise from family breakdown. We also include three family mediators; five collaborative lawyers and our conference room can be configured to host arbitration meetings.

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £150 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.