The Dangers of DIY Divorce and Why You Should Use a Qualified Solicitor

Divorce is a challenging process, and for married couples in England seeking to save money, a do-it-yourself (DIY) divorce may seem like an attractive option. However, while the process might appear straightforward, DIY divorces come with significant legal and financial risks.

Engaging a qualified solicitor is essential to ensure your rights are protected and the process is handled in accordance with English law.

The Risks of DIY Divorces

1. Failure to Comply with Legal Requirements

In England, the divorce process requires adherence to specific legal procedures, starting with the filing of a divorce application under the Divorce, Dissolution, and Separation Act 2020. A DIY approach risks errors in completing the application or failing provide appropriate supporting documentation.  Mistakes can lead to delays, additional costs, or rejection by the court.

2. Inadequate Financial Settlements

One of the most complex aspects of any divorce is reaching a financial settlement. A divorce alone, without finances being settled, does not provide for a “clean break”.

In England, the court requires financial orders, often called a clean break order, to ensure a fair division of assets. Without proper legal advice, you may agree to an unfair settlement or overlook critical issues, such as pensions, which can have a significant impact on your future financial security.

A solicitor can help you negotiate a legally binding consent order, ensuring the settlement is both fair and final.

3. Child Arrangements

If children are involved, agreeing on child arrangements, including where they live and how much time they spend with each parent, is crucial. Separations without legal advice or DIY divorces can result in poorly drafted agreements that are not legally enforceable.

A solicitor can guide you in drafting a parenting plan or applying for a Child Arrangements Order if needed, prioritising the best interests of your children and reducing the risk of disputes.

4. Misunderstanding Legal Terminology and Processes

Legal documents and court procedures can be complex and filled with technical terminology. Misinterpreting terms such as “ancillary relief” (now referred to as financial remedy applications) or failing to understand the significance of a Form E financial disclosure can lead to costly errors.

A solicitor ensures that you understand every aspect of the process and that all necessary steps are completed correctly.

5. Future Disputes and Uncertainty

A DIY divorce might save money in the short term but can create long-term issues if agreements are unclear or incomplete. For example, without a legally binding financial order, your ex-spouse could make financial claims against you years after the divorce is finalised.

Solicitors ensure that agreements are comprehensive, enforceable, and provide long-term protection.

The Benefits of Using a Qualified Solicitor in England

1. Expert Legal Advice

Solicitors specialising in family law have a deep understanding of English divorce laws and court procedures. They can guide you through the process, ensuring that all legal requirements are met and that your application is handled efficiently.

2. Tailored Solutions

Every divorce is unique, and a solicitor can provide advice specific to your circumstances. Whether you have a complex financial situation involving business assets or need assistance with international elements, solicitors offer bespoke solutions to protect your interests.

3. Financial Security

Solicitors ensure that financial disclosures are complete and accurate, helping you secure a fair settlement. They can advise on key issues like spousal maintenance, child maintenance, and the division of property and pensions, ensuring your financial future is safeguarded.

4. Reduced Stress and Conflict

Divorces often involve heightened emotions. A solicitor acts as an intermediary, reducing direct conflict with your spouse and providing objective, practical advice. This can lead to a smoother, less stressful process for all parties involved.

5. Legal Protection and Peace of Mind

A qualified solicitor ensures that all agreements are legally binding and compliant with the law. This provides peace of mind, knowing that your interests are protected and that the risk of future disputes is minimised.

Conclusion

While a DIY divorce may appear to save time and money, the risks of navigating the complex legal framework without professional help can be significant.

Our head of Family Law, Alexandra Kenyon, has been advising clients across Ormskirk, Southport, Wigan, Liverpool, Manchester and across Lancashire for many years. She can provide advice specific to your circumstances and protect your interests.

If you would like more information or would like to make an appointment please call our offices on 01695 574 201 or email us.