People will often consider arranging their own divorce or dissolution to save some money. Is this a good idea? Here, Director James Belderbos explores the argument for a DIY divorce against instructing a solicitor.
In many areas of our lives, we look at ways to reduce the cost of getting something done by doing it ourselves. DIY is not just about a trip to B&Q or Homebase. We get our hands dirty on everything from selling a car to planning our own wedding.
So, does this also apply, then, to getting a divorce? Can you DIY your split and save some money in the process? You may have asked yourself what is the cheapest way to get divorced.
When it comes to a divorce or dissolution in England, Wales or Northern Ireland, anyone can choose to do it themselves, and there is plenty of advice out there on how to. That doesn’t mean, however, that it is suitable for everyone.
Getting a divorce is one of life’s big decisions. There are those choices we make in life that can have a bearing on the rest of our lives, and this is one of them. Getting a divorce is not a decision we take lightly, nor is how we go through with it.
So, firstly, let’s look at the various things we must consider when getting a divorce or dissolution. And then we can answer the question, ‘Why do I need to instruct a solicitor?’
Things to consider when you get divorced
1. Do I need to go to court?
Together, with around 6,500 other family lawyers and professionals, Belderbos Solicitors are members of an organisation called Resolution. Resolution members are committed to resolving family disputes, such as divorce, in a constructive way and outside of court. Indeed, the courts prefer this, and today more than four out of five divorce cases will not end up before a judge or magistrate.
That said, this leaves one in five divorces that do go through the family law courts. There are various reasons for why court is, sometimes, the right option. When getting a divorce, you will need to consider whether your split should be processed in or out of a courtroom. This is likely to influence your decision on whether to go it alone or instruct a solicitor.
These are some of the common applications to a family law court:
- Child arrangements order - a court order can be used to determine how a child will spend time with each parent after separation or divorce (previously known as a custody order)
- Prohibited steps order (PSO) - a PSO restricts a parent from taking a specific action regarding the child, such as relocating overseas or changing a child’s last name
- Specific issue order - there may be a particular issue you need to address when considering your children in divorce proceedings, such as consent to travel overseas and the school they attend
- Parental responsibility order (PSO) - you may need to go through the family court to establish parental responsibility, giving a mum, dad or other relative legal status to decide on important matters, such as the child’s education or medical treatment
- Financial order - sets out how you’re going to divide up assets post-divorce, such as savings, pensions, property and investments
Sometimes, court applications are necessary in a divorce. This is a key thing to consider: to go to court, or to avoid it.
2. What is the best way to get divorced when children are involved?
You would apply for a child arrangements order when you and the other parent (or someone with parental responsibility) cannot agree on how to share the care of your child after separation or a relationship breakdown. Such an order is issued to resolve disputes on a wide range of issues, such as:
- Living arrangements - where your child lives during the week and at weekends. Will they reside equally with each parent, or will there be a different arrangement?
- Spending time with the ‘non-resident parent’ - if your child is to live with you most of the time, how often will they see the other parent? Will there be overnight stays, weekend visits or a combination?
- Decision-making - child arrangement orders help to establish who makes the major decisions regarding a child's upbringing, such as education, healthcare, or religious practices. Will decisions be made jointly or by one parent with consultation from the other?
Whatever the situation, the court will prioritise the interests of the child. Our advice is to consider first an out-of-court solution for making arrangements for your children. This could be through mediation or family arbitration, or yes, you could make arrangements yourself with your ex-partner.
When you get divorced, this is perhaps the most important consideration of all: how to divorce with minimum impact on my children.
Some parting couples get on well enough to sort out child arrangements without legal advice. In other situations, when the breakdown is acrimonious and the stakes are so high, court or out-of-court solutions with legal advice, such as arbitration, may be the only options to achieve your desired outcome for child arrangements.
3. What is the best way to get my fair share financially when I divorce?
For many of us, the thought of going through the courts to get a dispute resolved with an ex-partner is an uncomfortable one. In family law, however, legal proceedings are often necessary to reach a fair financial outcome when your relationship breaks down.
We are strong advocates of other options, such as mediation and arbitration, to resolve family matters, including money-related, because they offer a less adversarial, more amicable route. Financial applications to court are often the only path, however, in situations where agreement cannot be reached.
Financial applications to court include:
- Periodical payments - also known as spousal maintenance, this is a regular payment from one ex-partner to the other to help with costs of living.
- Lump sum order - one party pays a lump sum to the other on a set date, or on set dates if paid in instalments.
- Property adjustment order - often made when two people owned a property together before separation or divorce.
- Pension orders - there are two types of pensions order: a pension attachment order to a pension scheme to make payments to the scheme member’s former spouse or partner; and, a pension sharing order to transfer a proportion of a scheme member’s pension into a new pension for their ex-partner or spouse.
- Financial orders for children - some of the orders here can also be made for the benefit of children but will need to be considered alongside child maintenance. It’s a complex area for which we recommend you take legal advice.
So yes, there are various situations relating to the financial side of divorce in which a court application might be needed. Before making that application, you will need to consider alternative dispute resolution methods, such as mediation, arbitration and collaborative family law, which can be faster and less stressful. If you haven’t considered one of these non-court dispute resolution methods, often now know as NCDR, a court may well send you back to try one. Can you imagine insisting on going to court, waiting six months for the first hearing and then a judge telling you to go and try some alternative to court before progressing your case in court?
Also, your wait for an outcome for your application to court may be a long one. With a backlog in the courts, a wait of more than 12 months for a decision to be made is common. Consider how swiftly you want a decision when seeking a court order.
Whatever your route, in court or out of court, you will need to consider the risk associated with getting a fair financial settlement. On the finances, some parting couples will sort things out themselves, for example how to share the proceeds of a house sale or whether to make a claim on the other’s pension.
So, do I need to instruct a divorce lawyer?
We didn’t want to answer this question without first giving an overview of the things you would need to consider if you’re planning a divorce. As mentioned, these are not decisions taken lightly so the more informed you are, the better.
The DIY route to divorce –
A divorce or dissolution means the legal process of ending a marriage or civil partnership that is legally recognised in the UK, and there is a specific procedure to follow. It is straight forward in many cases and people do arrange their own divorce or dissolution with little or no legal advice.
To find out more about getting a divorce without legal advice, visit this government website.
This site is a step-by-step guide on how to apply, your options on making a joint application or application on your own, fees and where to get further help and advice.
Please be warned, the unintended consequence of making the process of divorce for separating couples online is that many have not realised that they should also get a financial settlement. The online divorce does not give you a financial order. Without a financial order your former husband or wife still has a financial claim against you.
A written agreement, even if signed by you both, is not enforceable unless it is approved by a court.
Getting legal advice for your divorce
Family lawyers like us are here for very good reasons. Arranging your own divorce, including child arrangements and financial settlements, is possible, but it is inherently risky. Your split will have an impact on your financial situation, where you live and where your children spend their time. Getting a divorce or dissolution is a big deal.
This is why we recommend that you do instruct a solicitor when you get a divorce or dissolution. These are the reasons:
- Complex legal procedures - family law involves intricate legal procedures, regulations, procedure rules and practice directions. A solicitor can guide you through the complex process, making sure that you understand your rights and obligations.
- Specialised knowledge - family law solicitors have the expertise to navigate complicated family law issues, such as divorce, child custody, child support and property division. They can provide tailored advice based on your specific set of circumstances.
- Representation in court - if your case goes to court, a solicitor can represent you, or instruct a barrister to do so acting in your best interests and ensuring that your rights are protected.
- Negotiation skills - solicitors are skilled negotiators who can help you reach agreements with your partner outside of court, such as in mediation, potentially saving time and money.
- Emotional support - yes, family law matters can be emotionally challenging. A friendly, empathetic solicitor can provide support and guidance throughout the process, helping you to navigate difficult, often emotional situations.
- Avoiding common mistakes - solicitors can help you avoid common mistakes that can have serious consequences, such as failing to meet deadlines or providing incorrect information.
- Peace of mind - divorce or dissolution can be stressful. Knowing that you have a qualified legal professional representing your interests can provide you with peace of mind during a mentally challenging time.
- Protect you – sadly some couples facing divorce simply don’t know what they are entitled to and may readily accept a settlement proposed by their former partner believing it to be fair when it is far from fair. Sometimes they may not feel intimidated by their former partner. A significant example of this is not considering pensions. Often pensions are worth considerably more that the family home.
Returning to the analogy of a trip to your local hard ware store when undertaking a DIY task, do you really feel you have the knowledge, the correct tools, materials, the time and the emotional energy to undertake a project. How often have you said wouldn’t it be just so much easier to get an expert to help?
Some people will say that lawyers are expensive but you may ask, can I afford not to have the right legal advice?
In summary, we believe that consulting a solicitor for family law matters, such as divorce or dissolution, is a valuable investment in your financial future - your wellbeing and your children’s. A solicitor can provide expert advice, representation and support, helping you to navigate the complexities of family law and achieve the best possible outcome.
Talk to us today about how we can help navigate your divorce or dissolution to get the best possible outcomes for you and your children. Until you have sat down and shared your story with us you may not realise what is important.
