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Family Solicitors

“DIY” Divorce- Treat with Caution (1 February 2013)

Date: 01/02/2013
Duncan Lewis, Family Solicitors, “DIY” Divorce- Treat with Caution

January & February are often referred to as ‘Divorce Months’ due to the fact that there are more people seeking advice on divorce during this period than at any other in time in the year.

If you are one of these many people that have decided to pursue a divorce, you are no doubt going through an emotional time. You will be concerned about how the divorce will affect your children and concerned about how the matrimonial assets and finances are to be divided. The worry and stress of these issues coupled with having to navigate the legal proceedings associated with divorce often proves too complex and overwhelming. As such, you should consider consulting a family solicitor who can assist with advising you on all these matters and can also assist you in finalising your divorce and any other related matters to it.

There has been a recent trend in so-called ‘DIY divorces.’ There are a vast amount of websites online offering the so called cheap DIY divorce services but these services often merely advise people on how to make an application e.g. the forms to use and court fees to pay. These DIY services apply to very simple divorces only so tread with caution. Divorce is very often not as simplistic as suggested by these services. It is not just following a ‘to do list.’ Difficulties invariably arise and can consequently halt the progression of a divorce. By undertaking a DIY divorce, you may not realise what matrimonial assets you may be entitled to. A family solicitor would be able to ascertain these assets and advise you effectively from the beginning of the divorce process. The DIY divorce should not be seen as a quick fix solution to family breakdown. It is not tailored to your case and in some instances can be a false economy. It may not prove as cost effective as it first appears – tread with caution.

Legally, in order to obtain a divorce, you must be married for at least one year. There is only one ground for divorce namely that the marriage has irretrievably broken down. One of five facts must be proven. These range from adultery, behaviour, desertion and either 2 or 5 years separation. There are three stages of obtaining a divorce which involve the filing the divorce petition and Statement of Arrangements (if there are children), obtaining decree nisi and thereafter an application for decree absolute to finalise your divorce.

Although this is a straightforward process, it certainly becomes more complex where there are issues relating to children of the marriage, finances or other options to divorce such as judicial separation and annulment suddenly arise. It is strongly advisable that one seeks expert legal advice before embarking on divorce proceedings to ensure full aware of the legal options relating to Divorce, Children and Financial Relief proceedings as these proceedings are often extremely complex.

The Legal, Aid, Sentencing and Punishment of Offenders Act 2012 which will be in force from April 2013, is set to drastically cut an estimated 75% of cases eligible for Public funding which include divorce, financial and children matters which will no longer be eligible for public funding unless there is an element of domestic abuse. Therefore, if you are considering making a divorce application with financial or children aspects and you believe yourself to be entitled to legal aid; you should contact solicitors immediately otherwise your only recourse will be to pay privately.

Duncan Lewis is currently offering a means tested divorce package “MTPP” for those straight forward divorce applications (without children or financial issues) for those on a limited income. We also offer competitive fixed fee packages and private fees on all areas of family law so you can afford your basic human right to access to legal representation.

Author – Savita Sharma is a Director and Senior Solicitor for Legal 500 Law Firm, Duncan Lewis.


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