Sometimes marriages and civil partnerships don’t work out. If you and your partner can’t work through your problems, divorce or dissolution might be for the best.
If;
- You both agree to separate
- Your finances are simple, and
- There are no children involved
Then a DIY divorce should be quick and cheap.
However, divorce can be very complicated. Children, finances, dishonesty and any number of other variables could turn a DIY divorce into a disaster. This could result in huge amounts of stress on your family and you not receiving what you’re entitled to.
This guide will help you understand;
- If a ‘Do it Yourself Divorce’ is the right option for you, and
- What to do if you need legal help
What is a DIY Divorce?
A DIY divorce is where you and your ex-husband, wife or partner gets divorced without a solicitor.
Whether you use a solicitor or not, there is a specific legal process you must follow. This includes;
- Getting the right documents,
- Completing the relevant paperwork
- Submitting it to the courts, and
- Resolving financial matters yourselves
It’s easy to understand why working through a divorce yourself is an appealing option. The process can be easier and cheaper than using a divorce lawyer.
The Benefits of a DIY Divorce
There are a few benefits to going through the divorce process yourself;
It’s Cheaper Than Hiring a Solicitor
This is the most common reason for choosing to get divorced without legal advice.
DIY divorce packages are available for a few hundred pounds (plus the divorce fee). Compared to both sides hiring a solicitor which can cost thousands.
It Can Be Simple
DIY divorce packages provide separating couples with all the;
- Information, and
- Documentation
They need to explain and simplify the process.
Even if you own substantial assets, if you can agree on how to divide them, the process can be simple.
Still, you should document all agreements about martial assets. Where appropriate, you’ll need to get a clean break order. This will protect bother parties from any future claims. You will need a solicitor for this.
You Can Go at Your own Pace
With a DIY divorce, you can proceed at your own pace. You could complete the paperwork as quickly as you want (although we recommend you take your time).
You’re not at the mercy of your solicitors schedule.
Still, you can’t control how fast the court deal with it. And you’ll have to abide by the;
- 20 week ‘period of reflection’ between the application and conditional order, and
- 6 week period between submitting the conditional order and final order
The Disadvantages of a DIY Divorce
There are also some big downsides you need to be aware of when filing for divorce yourself.
A Lack of Legal Expertise
Divorce can be very complicated and if you don’t know what you’re doing;
- Your divorce could take longer than it should
- You could exit your marriage with less than you’re entitled to
Divorce lawyers seem expensive. However, a reputable one will provide clarity if you’re confused and point out risks or issues you weren’t aware of.
Risk of Expensive Mistakes
Without legal expertise, there are a plethora of mistakes you could make. Some of which could cost you a huge amount of money and many of which are impossible to undo.
If you don’t know what you’re doing, you could;
- Be taken advantage of by your ex and leave your marriage worse off than you should be
- Leave yourself open to future financial claims
- Create problems regarding tax
- Lose the right to make an application for a financial order by moving on too soon
- Agreeing to receiving less of the assets to offset child maintenance payment
Other Problems You Might Encounter When Getting Divorced Yourself
There is a range of other potential problems you could run into when getting divorced. These can be difficult to address on your own without the help of a solicitor;
- If you married abroad and don’t have a copy of your marriage certificate – this can lead to problems and delays.
- You don’t know where your husband or wife is – you will need their current address to send them a copy of the divorce application.
- Your husband or wife refusing to co-operate – if this happens, they might refuse to admit they have received the relevant paperwork.
- Making arrangements for your children – divorce doesn’t deal with how you will look after your children in the future. This often causes friction between separating couples.
These are all problems which can be difficult to deal with on your own. A good solicitor will have experience in dealing with all these issues and can help speed up the process.
When a DIY Divorce Might Work
If you both;
- Agree to separate, and
- Agree on how to divide your assets, and
- Are amicable
Then a DIY divorce could work. Still, it’s subject to mistakes without proper legal advice. So it’s wise to get at least some advice or guidance.
When You Definitely Shouldn’t Get Divorced Yourself
It’s more obvious to know when you definitely shouldn’t get divorced yourself.
If;
- There’s conflict between both parties
- There is a lack of trust
- You can’t agree on how to divide your assets
- There has been violence, abuse of manipulation
- You can’t agree on how to look after your children
You should get legal advice and divorce with the help of a solicitor.
How Ringrose Law Can Help
Getting divorced will affect the rest of your life.
The relationship you have with your children, how you move on with a new partner, and your ability to retire with a decent pension.
Proceeding without proper legal advice could have huge consequences.
If you want to divorce, Ringrose Law can help.
We’ll;
- Take the time to understand your situation
- Explain where you stand legally
- Identify any issues or risks and how to combat them
- Discuss your options and explain what happens at each stage
We’ll always try to be as amicable and as cost effective as possible. But our job is to support and protect you and your interests. If the other side refuses to agree to a fair settlement, is obstructive or abusive, we’ll fight on your behalf for a fair outcome.