Is DIY divorce a good idea?

An online divorce can seem appealing, and it might make you think twice about instructing a solicitor. After all, how tricky can it be to manage your own divorce?

In this blog, our divorce solicitors look at the risks of DIY divorce.

Why are people so tempted by a DIY divorce?

The cost of divorce and separation, coupled with tough economic conditions, makes it inevitable that many will cut costs and try to do for themselves what they would previously have paid a professional to do. What’s more, no-fault divorce came into force in April 2022, meaning couples can legally end their marriage without having to apportion blame. The divorce process is now completed online through the Government’s divorce portal. However, simpler doesn’t mean simple.

The divorce itself is just one part of the process. If you and your former partner are communicating, you have no children, no financial assets to split, and your divorce is uncontested, then the DIY route may be a viable option for you.

But what if your separation is less amicable? Do you have children to consider? It’s in these situations that a DIY divorce can be riddled with risks.

DIY divorce: what to watch out for

Hidden divorce fees

What you see isn’t always what you get. A £99 divorce? It’s highly unlikely.

So what’s excluded? Firstly, this figure doesn’t include the court fees to start the divorce or civil partnership dissolution. Nor does it cover the final order. Including these immediately brings the cost up significantly.

Many firms use rock-bottom prices to promote their divorce packages, so it’s important that you take the time to understand just what fees are, and aren’t, included in yours.

Short-term thinking

Understandably, most people seek professional advice regarding their financial entitlement during divorce. However, to do this, you’ll need to provide accurate information to a solicitor for them to provide advice based on your unique circumstances.

You may have agreed on matters between yourselves and know exactly how you want to proceed in relation to splitting your matrimonial assets.

But it’s risky to assume that someone will be good on their word; that’s why it’s so important to ensure that any agreement you make is secured by a proper written agreement or court order.

Verbal statements won’t hold up in court, and making an informal arrangement between yourselves may not work to your advantage. Without finalising financial matters through the court, there’s nothing to stop your former partner from pursuing you one year, two years or even five years down the line.

Always consider the long-term and ensure that any agreement you make is secure. These costs will not be included in a cheap online divorce.

Divorce and finances are two separate legal processes

This often catches people out: getting divorced does not resolve your financial ties to your former spouse. The Final Order ends your marriage, but it does not settle any financial claims between you. Without a Financial Consent Order, either party can bring financial claims against the other.

While an online divorce may ‘process’ your divorce application, it cannot obtain a Consent Order.

Not considering the ‘bigger picture’

Separation is difficult. Whilst you may be tempted to split quickly and cheaply, sometimes it’s worth taking a little longer to consider what you want and to do things properly.

Always bear in mind that getting a divorce is likely to involve more than just dissolving a marriage, and it’s often these practical aspects of separation that are harder to resolve.

By instructing a solicitor, you can secure a sensible order that will give you security and peace of mind for the future and will ensure that arrangements are in place for your children.

So, should you consider an online or DIY divorce? If your separation is straightforward, then you might consider it. But make sure you seek legal advice for related matters, such as finances and children matters.

Otherwise, your divorce won’t cost you £99. In fact, it might cost you much more than you ever imagined.

Read more about the importance of instructing a solicitor here.

Contact our divorce lawyers in Bristol

If you have been considering a DIY divorce but now think better of it and would like to speak to our specialist family law solicitors in Bristol about divorce or separation, get in touch. Call us on 0117 325 2929 or complete our online enquiry form, and a member of our team will get back to you.