Why it’s dangerous to get a DIY divorce

It is of course tempting to consider a ‘DIY’ divorce, especially when the prices advertised are so incredibly low, with some even stating there are no solicitors’ fees at all. But the question is, what aren’t they telling you?

1. No Solicitor Fees? Sounds great doesn’t it?

However, when you instruct a lawyer, in whatever capacity that might be, you are paying for the protection that the profession offers. You are protected by a strict code of conduct, namely the Solicitors Regulation Authority (‘SRA’) Code of Conduct.

We, as lawyers, are required to safeguard your money and assets entrusted to us, and we are obligated to provide you with information in a way you can understand. We have a duty to ensure you as the client, can make informed decisions, and that you are aware of your options available. You also have the benefit of a professional regulator, who can conduct investigations, should something go wrong.

If a firm or company is not regulated by the SRA, put simply, they are not bound by the strict SRA Code of Conduct. It is therefore incredibly important that when you instruct a lawyer, particularly with divorce, the individual or company is regulated by the SRA.

2. I just want a divorce…

This is something we hear regularly as lawyers, but what does that mean?

Put simply, divorce severs the matrimonial ties which exist between spouses or civil partners. It allows you to remarry, and that is simply it. But what else have you lost? If you complete your divorce, to the stage of decree absolute or final order, you could have potentially lost significant pension benefits (as you will no longer be their spouse or civil partner), life insurance or other such insurance benefits (again, as you will no longer be their spouse or civil partner) and there is likely to be significant issues if one of you are to pass away.

This again includes, but is not limited to, the loss of spousal tax exemptions, potential difficulties in challenging an estate, along with the significant costs associated with doing so.

Ultimately, without specialist family law advice, if you complete your divorce, you are potentially set to lose significant benefits and incur huge financial losses. The timing of both conditional and final orders in divorce should be carefully planned out to ensure your protection.

3. We have dealt with everything ourselves, we don’t need/want the court/lawyers involved.

Again, another common misconception is that if you divide your assets between you and your spouse, or perhaps if you have no assets to divide, then you do not need a financial order, or the help of a court or lawyers.

This is a significant risk, as whilst you may choose to divide your assets at the point of separation, or even at the point of divorce, you are still at risk of a financial claim from your spouse in the future. This may then result in a complicated legal argument (and the costs associated!), in which the court would be required to sift through what you may have had at the point of divorce, and what you have at the point of financial settlement.

The only way you can protect yourself is with the benefit of a financial order. Now, this can be obtained with the consent of both you and your spouse, in which case we can invite the court to seal the order on paper (this means neither you nor your spouse, would be required to attend the court). Alternatively, if there is no agreement, you can seek assistance from the court, who will then assist you in obtaining a fair and reasonable settlement.

4. Surely there isn’t anything else? Well yes, there is.

As lawyers, we are specialists in our field, but also we are required to be aware of other areas of law, as well as our own limitations.

For example, upon separation, you need to consider your will and your estate. If you complete a divorce, without updating your will, your spouse will be treated as if they had died at the point of divorce. This may result in a division of assets, against your wishes or intention. Further, if you haven’t severed any joint tenancies, your property may automatically pass to your spouse outside of your estate.

Perhaps your property is in your spouse’s sole name, but you have agreed you can stay in the property for a period of time. Should you complete your divorce, before obtaining a financial order, your spouse will be able to remove any home rights notice you may have registered and take steps to sell the property with you in situ. Once again, a financial order, whether by consent or otherwise, would afford you that protection.

The above is of course not an exhaustive list, and again completing the divorce yourself, may result in other problems, and/or additional expenses. It is incredibly important, now more than ever, you protect both yourself and your financial assets, with the benefit of a carefully timed financial order.

Contact us

When choosing to get a divorce, you can trust our expert solicitors to provide you with the best possible advice and to always act in your best interests. Contact our Family & Matrimonial team.