When a married couple make the difficult decision to separate, the vast majority wish for matters to be dealt with quickly and amicably. Yet, some believe that to involve solicitors will unduly complicate matters and lead to an increase in costs, time and emotional investment. More couples are choosing to handle their separation without solicitors and are instead using online websites claiming to offer “expert service”.
This article outlines the perceived advantages and fatal consequences DIY divorces can have, and why instructing a solicitor can help resolve and avoid any prolonged issues in the future.
Long-term consequences of DIY divorces
In 2016, it was reported that ex-footballer Gary Lineker divorced using an online divorce company, for around £410. It goes without saying that he undoubtedly has access to qualified financial advisers and solicitors to resolve the financial side of divorce and the £410 quoted was just the court fee to issue the petition at that time. So why do some couples choose to go through a DIY divorce?
Online DIY divorces may process the paperwork for the divorce itself, but most do not advise you on the legal effects of the forms you are completing, other than to say that it will ultimately dissolve your marriage.
If not properly executed, a DIY divorce may affect your financial assets in the future, including your ability to claim under circumstance where assets that were agreed upon in divorce, change over time. The assets need to be divided in a way that is fair, depending on the circumstances of each individual case. After whatever has been decided/agreed takes effect, the parties are likely to want a clean break on all financial claims, which means that there can be no more financial claims in the future arising out of the marriage.
For example, provisions made within a Will may affect your ability to claim certain lump sums from your spouse’s pension on death. Ideally this should be prepared by a lawyer to ensure that it is legally binding and does not leave either spouse vulnerable to future financial claims.
DIY divorces – hit or miss?
If you are considering an online divorce, it is important to exercise caution. Parties need to have expert advice when dealing with the division of the assets on divorce and this is where DIY divorces fail to address complex matters.
Some online divorce services include a review of the divorce documents, but you may still need additional legal advice prior to the issue of proceedings, when considering the division of assets or if your spouse contests the divorce.
People who attempt to conduct their own divorces are often not aware of the issues it will present in the future, if not properly dealt with. To avoid on-going disputes over financial claims, it is vital to deal with divorce appropriately and in accordance with the law for the sake of you and your former partner.
How can Nelsons help?
For more information or if you need help through the divorce or financial process, please contact a member of our Family Law team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.