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The pitfalls and challenges of DIY divorces

Opting for a DIY divorce, where couples handle their divorce proceedings without professional legal assistance, might seem like a cost-effective and straightforward choice.

However, this approach can be filled with risks and complications.

Stuart Daniel, Head of Mander Hadley’s Family Department, guides you through the potential pitfalls of a DIY divorce.

The risks of misunderstanding legal requirements

“One of the most significant risks of a DIY divorce is the potential for misunderstanding the legal requirements which can be complicated and hard to follow,” says Stuart.

“Divorce law can be intricate, and errors in understanding or fulfilling these requirements can lead to costly mistakes. Incorrectly filed paperwork or missed deadlines can result in delays or, worse, the dismissal of your case.

“I have seen a number of cases where the divorce has been started by the parties on a DIY basis, but they do not complete the later stages correctly or on time, which then causes difficulties with the financial aspects of divorce. I have also seen cases where one or both parties apply for the Final Divorce Order too soon, before a financial settlement has been reached and implemented, which can cause financial prejudice and risk to either or both parties. A solicitor would not normally advise that the Final Divorce Order is obtained until financial ties have been addressed.”

Financial complications

In a DIY divorce, the absence of professional legal advice can lead to poor decisions, especially regarding financial settlements.

“Without a solicitor’s guidance, you might overlook important financial considerations or fail to negotiate a fair settlement,” says Stuart.

This oversight can be particularly detrimental in cases involving substantial assets, pensions, or business interests.

It is important to make it clear that if you sign up to a financial agreement and this is made into a Court Order, it will become legally binding. It is highly unlikely that you would be able to “undo” the terms of that agreement later, if you come to regret it. Whilst saving money on legal fees in the short term can seem attractive, poorly negotiated or unfair agreements can cost you much more in the long term.

Emotional stress

Handling a divorce independently adds an emotional burden to an already stressful situation.

“It’s quite often that the administrative and legal responsibilities, coupled with the emotional aspects of a divorce, can be overwhelming,” says Stuart. “This stress can lead to hasty decisions or agreements that are not in your best interest.”

Potential for conflict and disagreements

Without a neutral third party to mediate, DIY divorces can often lead to increased conflict.

“Disagreements over assets, child care arrangements, or other arrangements can escalate,” says Stuart. “This makes the process more contentious and prolonged than necessary.”

Legal errors and their consequences

The absence of legal expertise means there’s a higher risk of making errors in the divorce paperwork. These mistakes can be costly and time-consuming to rectify.

In some cases, they can even affect the final divorce settlement or arrangements regarding children, leading to long-term consequences.

Overlooking long-term implications

“Without legal advice, you might not fully understand the long-term implications of your divorce agreement,” says Stuart. “Issues like pension sharing, inheritance rights, and future financial claims can be overlooked, leading to problems down the line.”

Difficulty in handling complex cases

Complex cases, such as those involving international elements, domestic abuse, or disputes over children, can be difficult to handle in a DIY divorce.

“When the case isn’t straightforward, the lack of legal support can lead to unfair settlements or arrangements that don’t adequately protect your or your children’s interests,” says Stuart.

While a DIY divorce might seem appealing for its simplicity and cost-effectiveness, the potential pitfalls make it a risky choice.

For many, the guidance and support of a professional solicitor are invaluable in navigating the divorce process effectively and safeguarding their interests. For professional advice on divorce, please contact our team of solicitors today.

Stuart Daniel

Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.