Beware DIY Divorces – protect what’s yours!  

 

It is a rising trend for people who are divorcing to complete their own divorce papers and make an application for divorce to the family court themselves, without seeking advice from a family solicitor.  

April 2022 saw the introduction of “no fault divorce” law. A long-awaited piece of legislation which has taken the blame game away from the divorce proceedings. There is a large number of people now dealing with their own divorces online and submitting their own documentation.  

Many people do this as it is a cost-effective way to get divorced and relatively quick. However, a divorce alone will not bring a conclusion to the  finances. Understandably people think that once their Final Divorce Order is made, it brings an end to future financial claims that a husband or wife can make against each other. But it doesn’t.  

• The reality is that the financial claims a married couple can have against each other live-on long after the divorce has ended. 

The court has the power, on application by either ex-spouse, to make court orders for lump sums, property transfer or sale, spousal maintenance, and pension sharing  

So, to all those DIY Divorcers who think they know how to end their relationship with a clean split using a DIY cheap divorce, think again. The safest divorces are those where the finances have been tied-down with certainty and there can be little recourse later on in life. This is done by a solicitor preparing an order, setting out the agreement you have reached and recording that it is a Clean Break Order, dismissing all the remaining financial claims a couple has against the other in life or in death and, if agreed, maybe relatively easy to obtain.  

Fiona Wilson, Head of Family 
Lawson-West Solicitors, Leicester 

“Whilst a number of people are now undertaking their own divorces, they are not finalising their financial claims – although they might think they are. An agreement between a couple, even an agreement acted upon, does not conclude the finances, or put a stop to a future financial claim, even if one of the couple dies. A simple DIY Divorce still means that in the future one party  may have the right to make a financial claim over the other – to have a second bite of the cherry as it were. Also, some financial matters do need specialist advice, maybe where there is a company, shares or a pension, which is why Clean Break Orders are so important to have.”

• It is always a good idea to seek expert legal advice on divorce. The divorce itself is a simple process but it is a mistake to think that the divorce ends financial claims arising from the marriage, and serious consequences can arise if these are not properly dealt with. 

Fiona comments on DIY Divorce:  
“By saving money now on divorce solicitors fees, you are likely to be losing out in the future if your divorce isn’t protected against future financial claims.”  

Fiona comments on Pre-Nuptial Agreements:  
“Relationship and finance documentation has to be drafted correctly. Some people have reservations about asking their partner to sign a pre-nuptial agreement (it isn’t romantic, or it communicates a lack of commitment to the relationship), but I don’t agree. I consider them akin to a motor insurance policy – you take a policy out each year, but do not expect to have a car crash. In fact, legal documents ensure that if the relationship does fail, you are saving yourself a lot of money on solicitor’s fees in the future if the relationship should come to an end. People change over time, and relationships can change too and even if you are totally committed to the relationship, there is no certainty that your partner’s commitment can be relied upon for the long-term.”     

To discuss any of your family law needs and arrange an appointment with a qualified solicitor please contact
The Family Law Team here or Tel: 0116 212 1000. 

Find out more about the Lawson-West Family team
in our helpful brochure here. 

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Solicitor Fiona Wilson 

Fiona Wilson joined Lawson-West as Head of the Family Department in April 2022 and recently celebrated her first anniversary.  Fiona has 26 years’ experience in family law and is an Accredited member of Resolution, demonstrating an excellent knowledge of and approach to family law. 

Fiona joined a thriving family department with three already established solicitors acting for clients in a whole range of family matters including divorce and dissolution of civil partnerships, finances on separation and children matters.   

All of the experienced solicitors in the family department, Fiona Wilson, Alistair Dobson, Sarah Townsend and Helen Shaw are empathetic but provide straightforward, no-nonsense advice. Clients are provided with all their options in the most cost effective and client focused manner.  

• Lawson-West Legal Services include: Cohabitation Agreements, Pre-Nuptial Agreements, Post-Nuptial Agreements, Divorce Orders, Child Law.  

 

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