Can you really Do It Yourself? DIY Divorce: have you covered everything?
An increasing number of divorcing couples are choosing to go down the DIY route, many perhaps mistakenly believing this to be a quicker, cheaper and easier route to getting their divorce. With the recent abolition of legal aid for divorcing couples, except in the case of domestic violence, the costs of using a solicitor to conduct the divorce process on one’s behalf can seem prohibitive.
In recent years there has been a surge of online companies offering DIY divorces for a nominal fee, or fixed-fee deals to keep legal fees low. For some couples, particularly those who have managed to keep their relationship reasonably amicable, DIY divorces may indeed offer a cheaper alternative to using a solicitor. However, you both need to agree on a number of things such as how any children will be looked after, the reasons for the divorce and how any assets will be divided.
There are a number of pitfalls to this approach which you should think about carefully before opting for a DIY divorce.
Potential pitfalls to a DIY divorce
- Not achieving a fair settlement – Divorce is an emotionally difficult and draining time. There is a risk that one party to the divorce might feel bullied into accepting an offer which is not fair, or not realise the proposed settlement is less than they may be legally entitled. Should they then go down the DIY route, there will be no legal advisor to look after their interests and ensure they are aware of what a fair settlement looks like.
- Where property or other assets are owned – Legal advice can be invaluable where there are joint assets such as property, or high value pensions. Without legal advice, there is a risk that one party might attempt to dispose of or hide assets, putting the other at a disadvantage.
- Disputes over children – Unless you and your ex-partner are completely in agreement over the arrangements for any children, it is very important you seek legal advice to ensure the best interests of your children are protected.
- Dealing with the paperwork – Not everyone will have the time, expertise or confidence to deal with the legal jargon and form-filling which accompany a DIY divorce.
DIY Divorce – Sources of help if you decide to go it alone
If, after considering all your options carefully, you would like to go ahead with a DIY divorce, there are a number of sources of advice and information you can use.
To begin a divorce you have to fill in a divorce petition which can be found on the Gov.uk website here or from your nearest divorce court. Be aware that you will still have to pay a fee, currently £410, to apply for a divorce; unless you are exempt due to being in receipt of certain benefits, concessions etc.
The Gov.uk site has information to help you through the process or you could also consult your local Citizens’ Advice Bureau who can point you towards sources of advice and information.
Finally, if you feel you cannot afford solicitors fees, but are worried about going it entirely alone, you could consider having a fixed fee interview with a solicitor.
If you would like to discuss your divorce with someone, please contact us.
