Potential Problems with DIY Divorce

With the advent of No Fault divorce and an increase in the number of online DIY Divorce packages, it is now easier than ever to obtain a divorce. No Fault divorce allows one partner in a couple to apply for a divorce without needing to site a specific reason for the breakdown of the marriage. Even where the other partner does not want to divorce, if the couple have been married for over 12 months, under the recent changes to the law, a divorce can still be applied for.

The Process of DIY Divorce

To save time and money, many decide to complete the process themselves. This is known as a DIY divorce. Couples can apply jointly or individually and need to pay a court fee. This is currently £593 and more information can be found here https://www.gov.uk/divorce/file-for-divorce#:~:text=Fee,divorce%20application%20has%20been%20issued.

There is then a 20-week cooling off period, after which you can apply for a Conditional Order. This document represents the court’s approval to proceed with the divorce. Once this has been issued, you must then wait 6 weeks and 1 day (43 days) before applying for a Final Order.

The Final Order legally ends the marriage and leaves you free to remarry.

Potential Problem One – the Final Order does not sever financial ties

The biggest risk posed by DIY Divorce is that it does not divorce you financially. While you may have agreed how to split your finances, property and assets, without a Financial Consent Order, these agreements have no legal worth. It leaves you both open to future claims against your finances and property. For example, even if you previously shared no joint assets, if one of you wins the lottery or goes bankrupt, an ex-partner can legally come after you for income, property and pension provision in the future, if there is no Consent Order.

Potential Problem Two – the risk of agreeing to an unfair settlement

All financial situations are unique to each couple and without taking professional advice, there is a real danger that one of you will miss out on what you are legally entitled to. Assets can be divided in any number of ways, and it is not always necessary to sell the family home.

Potential Problem Three – undervaluing the importance of pensions

Pensions are another area of potential risk. The cash transfer value of a pension is no indication of what it is worth and there is a real danger that without expert financial advice, one of you will not have enough income during retirement. A fair settlement needs to consider both long and short term financial provision for you both.

Potential Problem Four – not disclosing all financial assets

When couples agree a financial split between themselves, it is easy for one partner to hide or ‘forget’ about savings and investments. This puts the other partner at a financial disadvantage.

Potential Problem Five – without a Child Arrangements Order your agreement over children’s arrangements is not legally binding

Again, while you may have agreed between you on child custody, maintenance and living arrangements, without a legally binding Child Arrangements Order, an ex-partner can break the terms of the agreement and put the wellbeing of your children at risk. While some parents are able to co-parent well, putting the interests of the children first, it can be wise to get a legally binding Child Arrangements Order to ensure your agreements are protected by law.

The Protection offered by using a family lawyer

When deciding to divorce, there is so much at stake, it is important to seek professional advice from a family lawyer.

Using the services of a good family lawyer will:

• Protect you both financially in terms a fair settlement.
• Protect you both from any future financial claims.
• Protect any arrangements you make for your children.
• Support you with their legal expertise, experience and compassion.
• Give you greater peace of mind knowing you have an expert helping you to navigate what is a challenging emotional time.

Why using a family lawyer can be faster and more cost effective

A good family lawyer will help you to resolve any issues arising from family breakdown as quickly, cost-effectively and amicably as possible. At Tisshaws, we use negotiation, mediation, collaborative round-table meetings and private Financial Dispute Remedy (FDR) hearings, to save our clients the time, cost and added stress of going to court.

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. Moreover, Richard, Hana and Lidia are trained family mediators, while Gilva, Richard, Verity and Yasmin are all trained collaborative lawyers.

We help our clients to reach a fair settlement as we require a ‘full and frank disclosure’ of both parties’ assets, income and liabilities. We then ensure that this settlement is recorded in law, leaving our clients secure in the knowledge that they are legally protected and can now move on with the rest of their lives.

If you are struggling with the impact of divorce and separation, we offer a no obligation initial consultation for a fixed fee of £100 (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 [email protected] or complete the form below.