DIY Divorces – Are They What They Seem?

When a married couple makes the difficult decision to separate, the vast majority wish for matters to be dealt with quickly and amicably. Yet, some believe that involving solicitors will unduly complicate matters and lead to an increase in costs, time, and emotional investment. More couples are choosing to handle their separation without solicitors and are submitting their own applications for divorce without seeking any expert advice. This is known as a DIY divorce.

This article outlines the fatal consequences DIY divorces can have, and why instructing a solicitor can help resolve and avoid any prolonged issues in the future.

Long-term consequences of DIY divorces

Many do not realise that divorce itself does not sever financial ties between spouses which means that many couples are leaving themselves open to future financial claims by their former spouse without realising it.

Since the introduction of the “no fault divorce”, the process of getting a divorce has become a lot simpler and as a result, we are seeing more couples opting for the DIY divorce without seeking expert advice. Whilst there is nothing wrong with submitting your own application for a divorce online, it is always wise to seek expert advice on the legal effects of a divorce and how the law may apply in your specific circumstances. If proper steps are not taken to deal with the assets of your marriage at the time of divorce, this may affect your ability to make certain financial claims. You may also not be protected from claims being made against you in the future.

The assets of a marriage need to be divided in a way that is fair, depending on the circumstances of each individual case and the only way to ensure that any agreement is legally binding is to get that agreement recorded in a consent order. After whatever has been decided/agreed takes effect, the parties are likely to want a clean break on all financial claims, which means that there can be no more financial claims in the future arising out of the marriage. Again, a consent order is required to ensure that neither party is able to make financial claims against each other in the future.

It is also important to ensure that you review any Will that you have that leaves gifts to your former spouse as these gifts will lapse on divorce unless there is an expression to the contrary.

DIY divorces – hit or miss?

If you are considering submitting an application for divorce without legal representation, it is important to exercise caution. Parties need to have expert advice when dealing with the division of their assets on divorce and this is where DIY divorces fail to address complex matters.

People who attempt to conduct their own divorces are often not aware of the issues this may present in the future, if financial matters are not properly dealt with. To avoid on-going disputes over financial claims, it is vital to deal with divorce appropriately and in accordance with the law for the sake of you and your former spouse.