Considering a DIY divorce?
Many separating or divorcing couples opt to head down the DIY divorce route rather than involving a family law specialist. More often than not, this is done to save money, which is unsurprising because needing to turn one household into two households is usually an expensive time for all concerned. The danger is that in the longer term this may actually prove to be the more expensive route to parting company … at least for one of the parties. Here are a few key reasons for seeking professional family law advice.
Failing to secure a financial order
The primary reason not to do a DIY divorce is the significant risk of failing to secure a legally binding financial order. This would leave you vulnerable to future financial claims, even years after the divorce is finalised.
Risk of unfair settlement
Without specialist legal advice, you may not be fully aware of your entitlements and could agree to a financial settlement that is not in your best long-term interest. This is particularly true if one party is more dominant or controlling.
Overlooking complex assets
Complex assets, and in particular pensions, are frequently overlooked or misvalued in DIY divorces. Given that they are often the most significant asset after the family home, the result can be that one party is left at a significant disadvantage. If an agreement is reached informally and pensions are not included, then the risk is that any resulting Financial Order will be set aside for non-disclosure and will undoubtedly cause significant legal fees in sorting out the issue. Getting a Pension Cash Equivalent Value for Divorce purposes (CEV) as early as possible will ensure that this risk is minimised.
Procedural and legal errors
The divorce process involves complex legal terminology and procedures. Mistakes in forms or missing deadlines can lead to court delays, additional costs, and even the rejection of your application, prolonging the process and increasing stress.
Unresolved financial ties
A final divorce order (previously Decree Absolute) ends the marriage but does not automatically sever all financial ties. A separate, properly drafted consent order is essential to ensure a "clean break" and prevent future claims on inheritances, future earnings, or property.
Emotional burden
Divorce is an emotionally charged process. Handling all the legal and administrative aspects yourself can add significant stress, making it difficult to make rational decisions in your own best interest.
Inadequate child arrangements
When children are involved, ensuring arrangements are in their best interest is a moral and legal imperative. A solicitor or mediator helps ensure all needs are properly met and that arrangements are legally sound.
Using the internet instead of a specialist family lawyer
General internet searches and increasing use of artificial intelligence can provide general details of divorce and financial remedy matters to help anyone understand the processes involved. However, relying completely on such sources of information which will not be fact specific is potentially dangerous. Whilst your situation may appear to be similar to that of your friends and relatives going through a divorce, each circumstance will have certain key differences. By all means use the internet to do some basic research. Then give yourself the reassurance of knowing that you are getting the best possible outcome by obtaining specialist advice.
While a DIY divorce may seem cheaper initially, the potential for costly mistakes and long-term financial vulnerability often makes it a false economy.
Obtaining divorce or separation advice from a family law specialist
Seeking legal advice from a specialist family lawyer at an early stage, even just after separation from your spouse, is likely to save you considerable sums in the long run. Advice tailored to your needs is invaluable and can involve signposting to important services such as mediation for reaching a potentially elusive agreement. Depending on your circumstances, obtaining independent financial advice on valuing your assets, including pensions, may be imperative for your future financial security.
At Fraser Dawbarns, we find that many people like to have an initial fixed fee appointment with a specialist family lawyer to talk through their situation. This will help you to work out what you need to do next, and whether you would like a member of our family law team to support you through the divorce process. We offer fixed fee appointments at our offices in Ely, Downham Market, King’s Lynn, March or Wisbech and can also do these remotely if you prefer. Please do get in touch if you think this might be a helpful next step.
How To Contact Us:
To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.
Wisbech: 01945 461456
March: 01354 602880
King’s Lynn: 01553 666600
Ely: 01353 383483
Downham Market: 01366 383171
This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.