With the introduction of “no fault” divorce (see our related article here) and the government’s online portal, it is now easier than ever for couples to start the divorce process themselves online. As Divorce & Family Law solicitors you may think that we advise against this, however, it is a good way for separating couples to save costs and we often recommend that our clients consider commencing the proceedings themselves online.
When DIY divorce may not be suitable
There are still circumstances however where it may not be suitable for people to commence their own divorce, such as:-
- You do not know the current address of your spouse;
- You believe that your spouse will evade and deliberately try to delay the divorce proceedings or not respond/ cooperate during the process;
- There have been allegations of domestic abuse;
- The person commencing proceedings does not want to have to deal with the emotional and/or practical implications of being “in charge” of their own paperwork;
- There are issues surrounding jurisdiction (international considerations)
If you have started the divorce yourself online and are now having difficulties a solicitor can later take over your divorce and deal with matters for you, however at present the application needs to be transferred from the online portal to a “paper application” which can result in further delays.
This is why it’s important to get legal advice from the outset, even if you later do decide to start the divorce yourself online.
Divorce and financial matters
Whilst the online portal has made the commencement of divorce proceedings easier, solicitors are still required when it comes to formally sorting out financial matters. Financial matters are somewhat separate from the divorce proceedings (listen to our podcast about the importance of financial orders here) and can be dealt with in a number of ways, the most common are as follows:-
- The husband and wife reach an agreement between themselves;
- The husband and wife attend mediation and reach an agreement which is then reflected in a document called a Memorandum of Understanding;
- The husband and wife exchange voluntary financial disclosure and then enter into solicitor-led negotiations via correspondence or a round table meeting;
- One spouse issues financial remedy proceedings with the Court
Save for when Court proceedings are issued (when the result is a Financial Order from the Court) the intention is an agreement will be reached between the parties that will then be drawn up into a Consent Order, which is drafted by a solicitor. The Consent Order is then submitted to the Court and once approved becomes legally binding. If you do not have a Consent Order in place then you leave yourself open to financial claims from your ex-spouse in relation to income, capital and pensions both now and in the future.
As people’s circumstances change, you could become wealthier, they could suffer financial hardship, it is recommended you sort out your financial affairs at the time of the divorce so that you can get a clean break.
How we can help with your divorce
If you would like any advice on the above, or any aspect of Family Law, then please contact THP Solicitors on 0118 975 6622. We offer a fixed fee appointment for £100 +VAT with one of our Divorce & Family solicitors.
