DIY Divorce in the UK: Risks, Legal Mistakes and When to Seek Expert Advice

In this article, our Divorce and Family Law Solicitors in London highlight the legal areas you may need assistance with if you are contemplating a DIY divorce.

Contact OTS Solicitors For Specialist Family Law Advice.  

No-fault divorce proceedings

After the introduction of no-fault divorce, many separating couples thought they did not need a Divorce Lawyer to get divorced. While applying for a divorce is now more straightforward, with only one ground for divorce, it is still best to check for any red flags that suggest you need expert advice before applying.

Here are some reasons why you may need family law advice before applying for a divorce:

1. You may be able to start divorce proceedings in more than one jurisdiction.
2. You may not be validly married in England.
3. The divorce proceedings may be more complicated than you think.
4. The time to start the divorce proceedings is wrong.
5. You need to do things to protect yourself before applying for a divorce.

For more information on no-fault divorce, have a read through our divorce guide.

Reasons for taking family law advice before starting divorce proceedings

Sometimes the decision to start divorce proceedings is amicable, and a couple can work together to obtain a final divorce order. In other situations, a husband or wife can lose out both financially and strategically by starting divorce proceedings before taking legal advice. Here are some examples:

1. If you or your spouse has ties to another country, then either of you may be able to start divorce proceedings in another country. Starting divorce proceedings in your preferred country may save you a significant amount of money if you choose the jurisdiction where the court will make a financial court order that is more favourable to you, given your financial or personal circumstances.
2. If you married overseas, your marriage may not be valid in England or Wales. That is worth checking out, as you do not need to apply for a divorce in England if your marriage is not recognised in England. Furthermore, the financial claims of an unmarried partner are limited compared to those of a husband, wife or civil partner.
3. Divorce proceedings can be complicated if your spouse will not agree to a divorce, you do not know where they live, or they are living overseas. Alternatively, you may need preliminary advice on whether to make a joint divorce application or to make an application as a sole applicant.
4. The timing of when to start divorce proceedings can be complicated, even if the legal process is not. There can be both strategic and financial reasons why it may be in your best interests to start divorce proceedings as a sole applicant quickly or to delay until after a specified date.
5. Protecting yourself is a key consideration before starting divorce proceedings. There are many reasons why you may need legal advice on how best to protect yourself, including ensuring you know where you stand legally with parental rights or potential children law proceedings or knowing that you need to apply for a financial court order and a Section 37 injunction order to stop your estranged partner from selling or disposing of assets.

Making the mistake of thinking a DIY divorce is easy

Our Family Law Solicitors help many people who have started an online divorce application and run into difficulties, or people who got divorced years ago and did not realise they needed family law advice.

Here are some common issues with DIY divorce:

1. Starting joint divorce proceedings with a spouse and the joint applicant will not progress the divorce.
2. Service or acknowledgement problems with a spouse who will not cooperate.
3. Assuming the conditional order of divorce concludes the divorce proceedings.
4. Thinking the final order of divorce ends all future financial claims and financial responsibilities.
5. Not obtaining a financial court order at the same time as the divorce proceedings.

Financial issues and DIY divorce

Some of the costliest mistakes in DIY divorce stem from not understanding that a final divorce order does not extinguish a former spouse’s financial claims. The final divorce order ends the marriage, but in some circumstances, an ex-spouse can commence financial proceedings years after the divorce was finalised. This can be an enormous shock and financially expensive, especially if:

1. The family home has increased in value, and you have been paying the mortgage.
2. You have had significant pay rises.
3. You own shares in a family business, and the business has increased in value.
4. You have a final salary pension, and your ex-spouse does not.
5. You have inherited from your parents or extended family.

While your Family Law Solicitors can argue that any post-divorce acquired assets should be treated as non-matrimonial wealth, this can be tricky if the family home, shares in a company or your pension were all bought or acquired before your separation or if your ex-spouse’s financial situation is such that their assets do not meet their reasonable housing or other needs. It is better to negotiate a clean break financial settlement at the time of your divorce and ask your Divorce Solicitor to obtain a financial court order for you.

Thinking you have financial security through a final divorce order

Some people think they have financial peace of mind when they do not. This includes situations where:

1. There is no financial court order.
2. The financial court order leaves open some future financial claims, such as further spousal maintenance claims or capitalisation of spousal maintenance.
3. The financial court order did not cover all assets, such as the shares in a family business.

Financial situations can get very complex if both spouses own shares in a family business or both have potential employment or company claims. Other complicated scenarios include pension sharing agreements where one spouse does not fully implement a pension sharing order because either the final order of divorce was not obtained, or they did not realise the steps they needed to take to obtain their pension sharing order and arrange either an internal or external pension transfer.

Speak to OTS Solicitors about your DIY divorce

At OTS Solicitors, our expert Family Lawyers can advise you on:

1. The things you need to consider before starting divorce proceedings.
2. Divorce jurisdiction.
3. Childcare law and parenting arrangements after a separation or divorce.
4. Relocating with children either within the UK or overseas after divorcing in England.
5. Negotiating a financial settlement.
6. Obtaining an agreed financial court order.
7. Court proceedings to obtain a financial court order.
8. Changing a financial court order.
9. Implementing a financial settlement.
10. Enforcing a financial order.

Our team of specialist Family Law Solicitors can help you with all your family law queries and ensure that you receive the expert family law advice you need to ensure your interests are protected and that you have peace of mind.

Contact OTS Solicitors For Specialist Family Law Advice.

Appointments are available at our London office, by phone, or via online consultation.  

Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil, Tagalog/Ilonggo, and Urdu/Punjabi.

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