The Rise Of The DIY Divorce

On 6th April 2022, the way married couples could apply for divorce changed forever thanks to the introduction of no-fault divorce. No-fault divorce meant that couples were no longer required by law to assign blame for the relationship breakdown. The aim is that this paves the way for negotiations around child arrangements and finances to take place more amicably, in the absence of having to apportion blame for the end of the marriage.

With the recent cost of living crisis resulting in many people feeling increased financial strain, it's no wonder that the DIY divorce is becoming increasingly popular for those who want to get a divorce without instructing a solicitor.

There has been a spike in divorce applications submitted since the no-fault divorce regime came into existence. The online divorce portal found on the Government website is where you can find the application form to begin divorce proceedings. There is an online form to complete, and a court fee to pay of £593. The fee is the same regardless of whether a solicitor or an individual submits the form, although a solicitor will also charge for their time.

While separating couples might be eager to keep costs down and relations amicable, it is worth considering the downsides and dangers of DIY divorce before making any decisions.

Hiring a divorce solicitor - let's debunk the myths

So what are some of the common misconceptions about obtaining a divorce with the help of a family lawyer? Many people assume that if you instruct a solicitor, arrangements for finances and children will automatically be contested. However, this is not the case. Solicitors can help divorcing couples in many different ways, with tools such as negotiation, mediation and collaborative meetings to help parties reach an agreement outside of contested proceedings. Once a financial agreement is reached, it can be formalised by way of a Consent Order and approved by the court to make it legally binding. Only a solicitor is able to draw up the Consent Order and ask the court to approve it - this cannot be done by the divorcing couple themselves. It is also worth noting that the court cannot be asked to approve this until the parties have obtained a Conditional Order (formerly Decree Nisi) in the divorce proceedings and you can’t apply for Conditional Order until 20 weeks have elapsed since issuing the divorce application.

Individuals may be apprehensive about hiring legal assistance if they are keen to keep relations as civil as possible. There is a common misconception that 'getting the lawyers involved' will immediately cause tension and animosity, however this doesn’t have to be the case. Solicitors must always act in the best interests of their clients, which will include reaching an agreement as quickly as possible whilst causing minimal upset in the process.

Separating your finances

Divorce proceedings and financial remedy proceedings are actually entirely separate sets of proceedings. Whilst there is an inevitable crossover regarding the timings for applying for approval of a Financial Consent Order after getting Conditional Order in the divorce, financial negotiations or financial remedy proceedings run alongside the divorce process.

Couples wishing to DIY their finances by not obtaining a Financial Order risk leaving themselves open to a financial claim years down the line. Another common misunderstanding is that no financial claim can be made after the Final Order (formerly Decree Absolute) is obtained in the divorce proceedings.

Ensuring fairness in a divorce settlement

For couples embarking on the divorce process, it is worth asking yourself whether you know what you and your spouse are entitled to. If you are not and you aren't familiar with what you can claim and whether you would know if the agreement was fair, hiring a solicitor to ensure you aren't missing out on what you are entitled to or giving away more than you should is imperative.

There is no one-size-fits-all when it comes to divorce, and each couple will have different preferences when handling the dissolution of the marriage. While there may be DIY Divorce success stories, there are no guarantees that what worked for one couple will work for you. As previously stated, solicitors have a duty to act in their clients’ best interests. They can help to ensure that assets, income, and debts are disclosed so that the parties have a complete and thorough understanding of each other’s financial position. Without this, negotiations are unlikely to be fair.

There is no doubt that going through divorce proceedings can be stressful. However, it is imperative that you protect your future. Whilst you can attempt to agree matters between yourselves, the agreement will not be legally binding unless formalised by a Court Order. This is potentially dangerous for couples who think they can rely on one another to stick to an agreement, only to realise later that this is not the case. Without a Court Order a spouse who previously agreed to make maintenance payments to the other could stop doing so, or a spouse who agreed on a one-off lump sum may decide they are entitled to more.

In such instances, while DIY divorce might seem as if it is going to save you money, in the long run, it might be quite the opposite.

Legal advice can also be invaluable when discussing pension sharing and whether an actuarial report is required to determine appropriate division, and in obtaining accurate valuations of assets. Without the expertise of a solicitor to guide you, there is potential for one spouse to end up at a considerable disadvantage.

Is obtaining a divorce a lengthy and expensive process?

Some people think getting a DIY divorce will enable them to sever ties quickly and get on with their lives. However, obtaining a Final Divorce Order takes a minimum of 6 months. While the Divorce Application Fee is currently just shy of £600, if you instruct a solicitor to issue the application on your behalf there will be a cost implication, which varies from firm to firm.

As already discussed, severing financial ties is entirely separate to the divorce process and can be complicated. If both spouses have their finances in good order, are honest and open about disclosing their assets and income, and negotiate fairly, an agreement can be achieved relatively quickly. However, if the opposite is true, the process can become more long-winded and expensive, particularly if an agreement cannot be reached and financial remedy proceedings are issued. It can often take up to 2 years to obtain a final outcome in fully contested court proceedings.

Are you considering a divorce?

At Dean Wilson, our experienced Family Law team can assist you through the divorce process and advise you about your rights, entitlements and obligations while working to minimise delays and stress. Get in touch with our team today to see how we can help.