Doing your own divorce? Why you should still take legal advice

As you may already know, the new system of no-fault divorce was introduced on 6 April 2022, and it appears that divorcing without blame has proved popular. 

Part of this popularity may be due to the simplicity of the new system. It is no longer necessary to prove that the marriage has irretrievably broken down by relying upon reasons such as adultery or unreasonable behaviour. It is also no longer possible for one party to defend the divorce itself. 

With the introduction of no-fault divorce, together with the online divorce system, it has become easier than ever for people to manage their own divorce without instructing a solicitor. 

And many people are choosing to do exactly that. In the current economic climate, the desire to avoid legal costs is understandable. 

However, that does not mean you should go through a divorce without taking legal advice at all.

Divorce finances are rarely straightforward 

It is important to understand that the no-fault divorce process does not deal with the financial settlement or the arrangements that need to be resolved following a divorce. 

Regardless of how straightforward a situation may seem, financial matters should always be properly addressed. 

But resolving a financial settlement is rarely simple, and it is not something that should be approached without proper legal advice. 

The first issue is deciding what would be considered fair. There is no fixed formula that determines exactly what each person is entitled to receive following a divorce. Every case is decided according to its own circumstances, and people are often surprised to learn that certain factors they believe are relevant may not carry much weight legally. 

It is also not simply a question of how much each person should receive. Consideration must also be given to which assets should form part of the settlement itself. 

For example, should assets owned before the marriage be included? What about inheritance received during the marriage? Or assets acquired after separation? 

Certain assets can also be particularly complicated to deal with. Pensions are perhaps the clearest example of this. Deciding how pensions should be divided often requires both legal and financial expertise. 

Even once you have established what may be considered a fair settlement, there is still the question of reaching an agreement with the other party. If an agreement cannot be reached, court proceedings may become necessary — something most people would not want to navigate without legal representation. 

And even where matters are agreed, it is still important to have the agreement formally recorded within a court order so that the settlement becomes legally binding and final. Drafting such an order is something that should always be carried out by an experienced solicitor. 

In short, anyone going through a divorce should still seek legal advice regarding the financial settlement. Without proper advice, there is a risk of accepting less than you may be entitled to or creating financial issues that could become far more expensive to resolve in the future. 

Don’t leave it too late 

There is also one final point to keep in mind. 

Once divorce proceedings begin, the timetable can seem relatively straightforward: wait twenty weeks before applying for the conditional order, then a further six weeks before applying for the final order. 

However, anyone applying for a final divorce order before obtaining advice about the financial settlement can fall into a serious trap. In some cases, they may unintentionally lose important financial rights by finalising the divorce too soon. 

The message is simple: if you feel comfortable dealing with the divorce process yourself, that is entirely your choice. But you should still take legal advice regarding the financial settlement as early as possible.