Beware of cheap, DIY divorces – get professional legal advice instead

If you search the internet for divorce, it’s likely cookies will remember your search history and you will be flooded with paid ads about cheap and DIY divorces.

This marketing approach can mean you are misled about the process, especially as most people would rather spend as little as possible on a divorce – if you can do it yourself for free, bonus!

April 2022 saw the introduction of a No-Fault Divorce procedure brought into law in England Wales as a result of The Divorce, Dissolution and Separation Act 2020.

The change in law makes the divorce process simpler for litigants in person (those without legal representation) as well as simplifying the terminology used; for example, the ‘petitioner’ is now known as the ‘applicant’ and ‘decree absolute’ is now the ‘final order.’

The HMCTS online portal has made divorcing a lot simpler. Your divorce is now dealt with online, which means no paper applications or orders getting lost in the post. You receive updates instantly and for most couples you will never have to set foot inside a court or actually speak with anyone about your divorce as it progresses to final order.

The process is convenient and for those who feel confident navigating the process on their own believe they no longer need to engage solicitors; however, the actual divorce is only one part of the procedure, this is the part that legally ends the marriage and entitles you tore-marry should you choose.

The divorce does not deal with financial matters such as property, pensions or your Will. Even if you are in agreement as to such matters it is likely you will require a solicitor to prepare the necessary paperwork to file with the court so that a final order can be made. Most couples usually require a clean break which means once the final order has been made, no further claims can be made by either party in life or in death arising from the marriage.

It is essential that expert advice is sought when dealing with financial matters on divorce to ensure both parties can meet their respective needs. In some cases, financial matters can be decided upon without the need of the Court’s intervention; this could be byway of mediation or negotiation and the exchange of financial disclosure. If matters are then agreed between the parties, a legally binding document called a ‘consent order’ will be drafted and lodged with the court for approval noting the parties’ intentions. The ‘consent order’ may include a clean break provision. In other cases, however, where mediation and negotiations fail, the court can be asked to intervene with a view to making a discretionary decision. The court will have regard to many factors including, the children of the family, current and financial needs of the parties as well as resources and the duration of the marriage, but to name a few.

As there is no straightforward formula for resolving finances and the division of assets on divorce, we highly recommend seeking expert advice.

If you do not have a final order in relation to your finances whether by agreement or made by the court, claims arising out of the marriage could still be made against you long after the marriage has ended. The last thing you want is to have a significant change of circumstances such as an inheritance or increase in value of property you own and for your ex to then appear on the scene.

If you do not complete your divorce petition correctly, and you later re-marry without having dealt with your financial affairs from your previous marriage you may lose your right to apply for a financial order from the court in the future, but your ex could still bring claims against you if they have not re-married. This is known as the re-marriage trap, make sure that you do not fall into it.

You should update your Will as soon as possible; you do not need to be divorced. If you jointly own property, you should also consider severing the joint tenancy. If you were to pass away before a divorce and financial matters were resolved your ex is likely to inherit any joint property you own. 

Get professional legal advice instead of a DIY divorce

A cheap or DIY divorce can end up costing you greatly if you do not receive expert advice.

You rarely get a second bite at the cherry, so it is important even if you believe that you do not need a solicitor, that you take some initial professional legal advice, so you know what your options are and that you are making the right decisions.

For more advice, information or to make an appointment, please contact our team of experts on 033 0300 1103 and ask to speak to a member of the Private Family team.