What are the pitfalls to a DIY divorce?

Whilst the courts will help DIY people as best they can, in these days of reduced staffing and resources there really is only so much that they can do. They will help with the procedure but they will never offer advice which is really what you need.

There are many websites offering help and guidance and a few hours research, reading through the articles, will help give you a better understanding of what happens but in our experience this basic research often opens up many questions that cannot be answered immediately.

Every divorce is different not least because you, as the people involved, are all different.  No rigid pieces of text or guidance will provide you with everything that you need to know to secure the best outcome.

If your situation is straight forward then you may well be able to fill in the relevant forms and get a divorce but you must understand that the divorce is just the final part of the process which is essentially a form stamping procedure. Before a judge will grant a divorce they will need to be satisfied that all involved are content with the process and sometimes this needs to be argued with a judge. If children are involved and you have shared resources such as a house, a business, a pension or a wide range of other assets then you need to settle how this will be divided between you and your children. In this situation you really can’t do this on a DIY basis with any confidence that you will end up with the best result.

Even if there are no assets or you and your partner are making no financial claims against each other then you should still get a court order confirming this.  This will prevent your ex-partner making claims against you in years to come perhaps when you do have income, assets, when you have inherited or perhaps, even, won the lottery.

This is called a clean break order.

Make an appointment with us to discuss how you can best protect you and your family in the future.