With the cost of what feels like everything in life increasing in price, more and more people are considering DIY divorce. Whether that be an online divorce or a traditional divorce that you do yourself (with no legal advice). Yes, these are both initially cheaper ways to get divorced, but there are numerous risks that could lead to it actually costing you more money.
In this blog, our UK experts are sharing the risks of doing your own divorce so you can avoid them. Plus, we reveal the circumstances when this option isn’t suitable.
The risks to consider when choosing a DIY divorce
Stress-induced decision-making
According to the life stress test, divorce is the second most stressful life event. And adding a do-it-yourself process on top of that might just make it feel like it is the most stressed you’ve ever been!
When you’re in this mindset, making important decisions regarding your future may lead to decisions you regret later in life. Having a solicitor you can trust to advise on the best choices for your future is priceless.
Lack of legal understanding
It’s no secret that within the world of law, there’s a lot of legal jargon. Here at Stowe Family Law, we always strive to explain the stages of your case in terms you understand. However, doing this alone means you won’t have anyone to turn to for expert knowledge, which can make this already stressful situation even more taxing.
More likely to make mistakes
Of course, this isn’t just about legal terminology – a lack of understanding about how the divorce process works and waiting periods could mean you make costly mistakes.
Not only that, but the documents required for your divorce, such as the financial disclosure Form E, can also be incredibly confusing. They need to be incredibly detailed and clear, which means you are more likely to make mistakes. This can delay the process of your divorce, which can make it cost more too.
Missed deadlines
When you’re trying to adjust to your new single life, potentially moving home and organising where the kids are when and what they need, it’s very easy to miss important deadlines.
Within the divorce process, there are extremely strict deadlines to meet to ensure you can finalise your divorce properly. Missing these deadlines can extend the length it takes you to get divorced, which can lead to extra costs.
Hidden fees
Sometimes, people believe the cost of their DIY divorce package is a complete price. However, there is an additional court fee that needs to be paid whether or not you use a solicitor for your divorce. This price is currently £612.
Potential delays
As we’ve mentioned multiple times, there are various ways that you can delay your divorce proceedings – even accidentally. Whether that be:
- Incorrectly filling out paperwork
- Missing important deadlines
- Not paying fees
All of which can make your divorce process longer, leading to increased costs down the line.
Overlooking pensions
More often than not, pensions are the second most valuable asset people have during their divorce, after the family home. However, many times in DIY divorces, these are overlooked. This could be because the process they use doesn’t mention them, so they are forgotten, or the focus is instead on the family home, for example.
If this does happen, it could lead to imbalances later in life, or one spouse could even make a claim down the line!
Child arrangement orders might not be in the child’s best interest
Agreeing on child arrangement orders is never going to be easy – even with a lawyer involved. However, during a do-it-yourself divorce, one parent may agree to limited contact to simply ‘keep the peace’ or speed up potentially already dragged-out divorce proceedings.
Throughout this process, it’s vital that both parents remember to keep the best interests of their children as the priority.
Your financial settlement may be unfair
Even if you have an amicable divorce, reaching a fair divorce financial settlement is difficult. Having an expert by your side can be extremely beneficial for numerous reasons:
- They ensure all assets are covered
- They recognise the importance of financial decisions for later in life, not just right now
- They consider various aspects, including the length of the marriage, contributions, and potential future earnings
- They can ensure your settlement is legally binding
- They are well-versed in negotiations (if it gets to that point)
If you believe that you and your ex-partner can fairly split your assets, then a DIY divorce could be for you. However, things can quickly turn sour.
No protection from future financial claims
Did you know that if your DIY divorce is not properly finalised, your ex could claim finances in the future? This could happen if your clean break order is not legalised.
Some people believe that a divorce severs any financial ties, but this isn’t true. In the UK, a divorce only ends the marriage. Therefore, it is vital to ensure your agreement is legally binding. Otherwise, your spouse could later claim parts of any property, pensions, savings, or maintenance support – even after your self-divorce.
Discussions could get heated
Depending on the relationship with your ex-spouse, you may be feeling extremely vulnerable, angry, and frustrated at your situation. Trying to discuss child arrangements and splitting finances could all get too much, leading to discussions quickly escalating.
To prevent things from becoming nasty or unfair within your discussions, you may consider involving mediation support. A mediator could:
- Guide conversations to remain on the right topic
- Ensure there are no unrealistic expectations or wants
- Be a buffer between you both when emotions are high
Is DIY divorce suitable for your circumstances?
One thing to note about do-it-yourself divorce is that it is not suitable for all circumstances. It may be suitable when there are no children involved, the finances are straightforward, and both parties are on the same page. However, this doesn’t make it advisable, as there are still complications that can arise.
The following situations aren’t appropriate:
- You and your spouse plan to be legally separated rather than divorced
- You are planning to file an annulment petition
- Your marriage has lasted for less than 12 months
- You are looking for a civil partnership dissolution
- You or your spouse has complex finances
- There is domestic abuse or coercive control within your relationship
- If you or your spouse has moved abroad
Hear what one of our solicitors has to say
Zanariah Webster, a Senior Associate at our London law office, says:
“There is a wealth of information and AI that is tempting to rely on in place of qualified and skilled lawyers. However, these sources can be riddled with misleading and incorrect law, which can potentially affect your divorce and prolong matters unnecessarily.
“Well-meaning friends and family are vital for emotional support, but reliance on their legal advice or comparable cases can also be misleading, albeit unintentionally. The fact is, no two cases are the same, and there is no “one rule fits all” for divorce, finance and children cases. Getting the right advice from a qualified lawyer ensures that your rights are protected and offers you peace of mind to move on to the next chapter of your life.”
The benefits of using a lawyer for your divorce proceedings
As you can see, although a DIY divorce may be advantageous in terms of money (at least initially), it can lead to long delays, unfair financial settlements, extra costs, future legal claims, and increased stress. Therefore, you may decide that using an expert divorce solicitor is worth it.
The advantages are:
- Expert legal advice and guidance at every stage
- Deadlines are met, preventing further delays and costs
- Paperwork is filled out correctly
- Your divorce is legally binding and finalised
- You will achieve a fair financial settlement
- Someone to support you throughout the process
- Guidance on child arrangement orders that keep the children’s wellbeing at the forefront
- They can ensure you are protected from any future claims from your ex-spouse
- Communications are professional and on topic
- Can be cost-effective in the long-term
Here at Stowe Family Law, our lawyers tailor their legal counsel to each individual’s circumstances. Therefore, with us, you can ensure that you will receive the best solution for your needs. Rated ‘Excellent’ on Trustpilot, you can trust us to help you move forward with life, confidently.
Reach out to our experts today via our form or call 0330 159 9863 to find out more.
