They say that getting a divorce can be one of the most stressful life events a person can go through alongside buying a house or dealing with the death of a loved one. But many families feeling the effects of the cost of living crisis may try to save money by agreeing their divorce and financial arrangements on separation amongst themselves. Is a DIY divorce ever worth the risk? In short, the answer is no. In this article we explore the key considerations for couples in England and Wales who may be thinking about a DIY divorce.
There are many reasons why couples might attempt to navigate divorce themselves and this is not only to save the cost of paying legal fees. Some separating couples may still get on well but no longer wish to remain married or may wish to keep things friendly for the sake of children involved.
It’s important to know that when divorcing, there are two distinct processes. The first part is the divorce itself to legally end your marriage. The second part starts part way through your divorce and deals with your financial order formalising how your family finances will be divided up.
Following the 2021 reforms to the divorce system in England and Wales, the divorce process has arguably become more streamlined. The new “no fault divorce” law means divorcing couples no longer need to apportion blame as part of their divorce. The new system allows couples to file their application jointly if they wish, which means there is no “respondent” to the application. For those seeking an amicable divorce, this is a much more user-friendly option.
However, the divorce itself, whilst legally ending the marriage with your partner, does not dispose of the potential financial claims against you. Any agreement you reach with your partner in relation to your finances (for example splitting the house, your savings or your pension) will not be binding unless it is approved by the court.
Many couples agree to something and then years later their circumstances have changed and it causes them to re-evaluate. You might be living with someone else, the children’s needs may have changed, there may have been a family illness affecting your ability to work, a large inheritance, or the business you started back then might finally have taken off. Whatever it might be, you are potentially laying yourself open to a financial claim in the future if you do not deal with it properly at the time of the divorce.
Investing time and money now will hopefully give you some peace of mind in the future.
Get legal advice at an early stage
A solicitor can explain the process involved including how an amicable settle might be reached but also the risks and the potential cost if it cannot. They can also discuss what a fair and reasonable financial outcome might look like for you.
Consider mediation or other forms of Non-Court Dispute Resolution (NCDR)
Solicitors can help you gather the relevant financial disclosure and advise you in relation to a settlement. It can also be useful to have their knowledge and expertise when negotiating. Solicitors can also be utilised to assist you during the mediation stage, through the collaborative law process or at a round table meeting. Involving your solicitor at this stage can often speed up the process whilst ensuring you get the advice you need.
For more information about Non-Court Dispute Resolution including mediation, arbitration, the collaborative law approach click here.
Finally, if you reach agreement, it’s important you instruct a solicitor to draft the consent order and accompanying court application. The court will need to approve the draft order for it to be legally binding.
Lot of couples attempt the divorce application themselves as the online process is fairly user friendly. However, we wouldn’t advise this without first seeking some initial legal advice about the process. It’s important to understand how the divorce application interacts with your financial remedy application. There is a court fee for the divorce application, which is currently £612.
Equally, others may want to avoid the stress and hassle of doing the application themselves. We are happy to discuss the possibility of a fixed fee to deal with the divorce application on your behalf.
We would always advise you to instruct a solicitor to deal with your financial order however, for which there is also a court fee of £60 or £313 depending on whether the other party consents to the application.
If you would like to know more about the divorce process or need advice regarding separating from your spouse or civil partner, please contact the family team.
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