This, coupled with the increasing economic uncertainty of late, is reason enough to seek a “cheaper” alternative to instructing solicitors. As a result, there is a growing trend for so-called DIY divorces, where you undertake the divorce process by using an online service. Many people understandably want what is one of the most distressing times in their lives over with as quickly and cheaply as possible.
However, appearances can be deceptive. Websites offering “quickie” divorces can come with a price if you’re not careful.
It is true to say that the divorce process is paper based and more often than not, parties do not need to attend court to get to Decree Absolute (the final decree that dissolves the marriage). However, there are certain issues that cannot be resolved by a simple online form. What if your spouse contests the divorce or does not agree costs? This can end in court hearings that cannot be dealt with by someone over the internet.
More importantly, the divorce process is the simplest process of all those involved in the breakdown of a family. It does not deal with the significant issues of children and finances which cannot be left unaddressed.
Issues relating to the children are the most emotional for both parents upon divorce. Where the children are going to live, where they will spend Christmas and where they will go to school are all issues that will need to be discussed by the family, but are often the most contentious. Although the minority of families end up in court, specialist advice early on makes it less likely. In addition, extra consideration is required during the divorce procedure and paperwork when children are involved to pre-empt any issues that may arise in the future.
You can’t pay a quick one-off fee and make all of these issues disappear.
Resolving the issue of finances is commonly the most challenging. What is the totality of your assets and how they will be split fairly are often questions that need professional input.
There is a common misconception that the party at fault, for example the person who had an affair, is “punished” through the financial side of things. This is simply not the case. The court has regard to a number of factors when deciding what is a fair split of the assets and how that will be achieved. What you may think is fair and appropriate may not be considered so by a court and this must be borne in mind when negotiating your financial settlement.
There is no question that in the short run completing the divorce process online is cheaper, but what about the long term costs? If there are issues left unresolved between you and your spouse, how can you be sure that you will obtain a fair and complete settlement? Involving professionals will provide protection for you and your family in the future by ensuring that you have not missed any details or failed to close any loopholes. The law surrounding divorce and finances is so fluid that you need someone who is experienced and aware of changes in the law that could affect your divorce. With the inevitability of hard times ahead for everyone, it is even more important to feel secure and have peace of mind that you have got the best deal you possibly can.
Lawyers are not the only option. There are now many conciliatory options for resolving your divorce and finances. www.resolution.org.uk will provide you with details of mediators and collaborative lawyers in your area whose approach is to resolve issues amicably avoiding the need for court proceedings. If you and your spouse resolve your finances amicably and come to your own settlement, it is vital to remember that you need to get your agreement approved by a judge for there to be certainty. Without a court order making it final, you run the risk of your former spouse taking a ‘second bite of the cherry’ which can include lump sum payments, property and pension transfers and maintenance which can continue beyond your death.
This website offers a wealth of free advice that will point you in the right direction at the start of and throughout what can be a particularly stressful and traumatic period.
Rachel Walker and Hayley McCormack